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Charter 


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City  of/Bakersfield 

State  of  California 


Charter 


OF  THE 


City  of  Bakersfield 

State  of  California 


^JR 


Ratified  and  Approved  January  23,  1915, 
BY  Assembly  Concurrent  Resolution  No.  3 


f>oh  the  press  of 
The  Bakedsfield  Califordiak 


Assembly  Concurrent  Resolution  No.  3,  Relative  to  Ap- 
proving Charter  of  the  City  of  Bakersfield,  County  of 
Kern,  State  of  California,  Voted  for  and  Ratified  by  the 
Qualified  Voters  of  Said  City  at  a  Special  Municipal 
Election  Held  Therein  for  that  Purpose  on  the  Seventh 
Day  of  November,  1914. 

Whereas,  The  city  of  Bakersfleld,  a  municipal  corpora- 
tion of  the  county  of  Kern,  State  of  California,  now  is,  and 
was  at  all  times  herein  referred  to,  a  city  containing  a 
population  of  more  than  three  thousand  five  hundred  in- 
habitants, as  ascertained  and  established  by  the  census  of 
1910  taken  under  the  direction  of  the  congress  of  the 
United  states;  and 

Whereas,  At  a  special  election  duly  held  in  said  city  on 
the  fifth  day  of  May,  1914,  under  and  in  accordance  with 
the  law  and  the  provisions  of  section  8,  article  XI,  of  the 
Constitution  of  the  State  of  California,  a  board  of  fifteen 
freeholders,  duly  qualified,  was  elected  in  and  by  said  city 
by  the  qualified  electors  thereof  to  prepare  and  propose  a 
charter  for  the  government  of  said  city;  and 

Whereas,  Said  board  of  freeholders  did,  within  one  hun- 
dred and  twenty  days  after  the  result  of  said  election  was 
declared,  prepare  and  propose  a  charter  for  the  govern- 
ment of  the  city  of  Bakerefield;  and 

Whereas,  Said  charter  was  on  the  31  si  day  of  August, 
1914,  signed  in  duplicate  by  a  majority  of  said  board  of 
freeholders,  and  was  thereupon  duly  returned  and  filed 
one  copy  with  the  city  clerk  of  the  said  city  of  Bakersfield, 
and  the  other  copy  with  the  county  recorder  of  the  county 
of  Kern;  and 

Whereas,  Said  proposed  charter  was  thereafter  published 
ten  times  in  The  Bakersfield  Californian,  a  daily  news- 
paper of  general  circulation,  printed,  published  and  circu- 
lated in  the  city  of  Bakersfield  on  the  following  days  of 
publication,  to- wit:  September  17,  18,  19,  21,  22,  23,  24, 
25,  26  and  28;  the  first  publication  thereof  having  been 
made  within  fifteen  days  after  the  filing  of  the  copy  there- 
of on  the  third  day  of  September,  1914,  in  the  office  of 
the  said  city  clerk;  and 

Whereas,  Said  proposed  charter  was,  not  less  than 
twenty  days  nor  more  than  forty  days  after  the  completion 
of  said  publication,  to- wit:  on  the  seventh  day  of  Novem- 
ber, 1914,  submitted  by  the  board  of  trustees  of  the  city  of 


Bakersficld  to  the  qualified  electors  of  said  city  at  a  special 
election  duly  called  and  held  therein;  and 

WTicreas,  At  said  last  mentioned  special  election  a  ma- 
jority of  the  qualified  electors  of  said  city,  voting  at  said 
special  election,  voted  in  favor  of  and  duly  ratified  said 
charter  as  proposed  as  a  whole;  and 

Whereas,  Said  board  of  trustees,  after  canvassing  the 
return  of  said  last  mentioned  special  election,  duly  found 
and  declared  that  a  majority  of  said  qualified  electors  vot- 
ing at  said  special  election  had  voted  for.  and  ratified  said 
charter  as  above  specified;  and 

Whereas,  Said  charter  was  i^tified  in  the  words  and 
figures  following,  to-wit: 

THE  CHARTER  OF  THE  CITY 
OF  BAKERSFIELD 

ARTICLE  I. 

NAME    AND    BOUNDARIES 

Name  of  City 

Section  1.  The  inhabitants  of  the  city  of  Bakersfield, 
as  its  limits  now  are.  or  may  hereafter  be  established, 
shall  be  a  body  politic  and  corporate,  by  name  the  city  of 
Bakersfield.  and  as  such  shall  have  perpetual  succession. 

Boundaries  of  the  City  of  Bakersfield 

Sec.  2.  Commencing  at  intersection  of  the  cast  boun- 
dary line  of  Union  avenue  with  the  north  boundary  of 
Thirty-fourth  street,  if  extended  easterly,  thence  running 
west  along  the  said  north  boundary  line  of  Thirty-fourth 
street  and  in  prolongation  thereof,  to  the  left  or  east  bank 
of  Kern  river;  thence  meandering  southwesterly  along  said 
east  bank  of  Kern  river  to  its  intersection  with  the  west  boun- 
dary line  of  Oak  street;  thence  south  along  the  west 
boundary  line  of  Oak  street  to  its  intersection  with  the 
south  boundary  line  of  Palm  street,  if  extended  westward; 
thence  cast  along  the  south  boundary  line  of  said  Palm 
street,  if  so  extended,  to  the  west  boundary  line  of  H 
street;  thence  south  along  the  west  boundary  line  of  H 
street  to  the  south  boundary  line  of  Fourth  street;  thence 
east  along  the  south  boundary  line  of  Fourth  street  and 
the  extension  of  same  to  the  east  boundary  line  of  said 
Union  avenue;  thence  north  along  the  east  boundary  line 
of  said  Union  avenue  to  the  intersection  thereof  with  the 
south  boundary  line  of  section  twenty-nine  (29).  township 


twenty-nine  (29)  south,  range  twenty-eight  (28)  east, 
Mount  Diablo  base  and  meridian;  thence  east  to  the  south- 
east corner  of  the  southwest  quarter  of  section  twenty- 
eight  (28),  township  twenty-nine  (29)  south,  range  twen- 
ty-eight (28)  east.  Mount  Diablo  base- and  meridian;  thence 
north  one  mile  to  the  northeast  corner  of  the  northwest 
quarter  of  said  section  twentj^-eight;  thence  west  to  the 
northwest  corner  of  the  northwest  quarter  of  said  section 
twenty-eight;  thence  north  to  the  northeast  corner  of  the 
southeast  quarter  of  section  twenty  (20),  township  twenty- 
nine  (29)  south,  range  twenty-eight  (28)  east.  Mount 
Diablo  base  and  meridian;  thence  west  to  the  center  of 
said  section  twenty;  thence  south  on  the  half-section  line 
of  said  section  twenty  to  the  north  boundary  line  of  said 
section  twenty-nine;  thence  west  on  said  boundary  line  to 
the  east  boundary  line  of  Union  avenue;  thence  north  on 
said  east  boundary  line  of  Union  avenue  and  Union  ave- 
nue extended,  to  the  place  of  beginning. 

ARTICLE  II. 

POLITICAL   SUBDIVISION 

Ward  Divisions 

Sec.  3.  The  city  of  Bakersfield  shall  be  divided  into 
seven  political  subdivisions,  which  shall  be  known  as 
wards,  and  shall  be  described,  bounded  and  numbered  as 
follows : 

First  Ward 

Sec.  4.  All  that  portion  of  the  city  of  Bakersfield  lying 
east  of  the  center  line  of  Baker  street. 

Second  Ward 

Sec.  5.  All  that  portion  of  the  city  of  Bakersfield  lying 
west  of  the  center  line  of  Baker  street,  and  otherwise 
bounded  by  wards  Three,  Four  and  Seven. 

Third  Ward 

Sec.  6.  Beginning  at  the  intersection  of  the  center  line 
of  Twenty-fourth  street  with  the  center  line  of  Chester 
avenue,  and  running  east  along  the  center  line  of  Twenty- 
fourth  street  to  the  intersection  thereof  with  the  center 
line  of  L  street;  thence  north  on  the  center  line  of  L  street 
to  the  intersection  thereof  with  the  center  line  of  Twenty- 
fourth  street,  between  L  street  and  M  street;  thence  east 
on  the  center  line  of  Twenty-fourth  street  to  the  intersec- 
tion thereof  with  the  center  line  of  M  street;  thence  south 


on  the  center  line  of  M  street  to  the  intersection  thereof 
with  the  center  Hne  of  Twenty-fourth  street  east  thereof, 
thence  east  on  the  center  Hne  of  Twenty-fourth  street  and 
the  center  line  of  Twenty-fourth  street  extended  to  the 
center  hne  of  the  Kern  Island  canal;  thence  southwesterly 
and  following  the  center  line  of  said  Kern  Island  canal  to 
the  center  line  of  Nineteenth  street;  thence  west  on  the 
center  line  of  Nineteenth  street  to  the  intersection  thereof 
with  the  center  line  of  Q  street;  thence  south  on  the  center 
line  of  Q  street  to  the  intersection  thereof  with  the  center 
line  of  Truxtun  avenue;  thence  west  on  the  center  line  of 
Truxtun  avenue  to  the  intersection  thereof  with  the  center 
line  of  Chester  avenue;  thence  north  on  the  center  line  of 
Chester  avenue  to  the  point  of  beginning. 

Fourth  Ward 

Sec.  7.  All  that  portion  of  the  city  of  Bakersfield  lying 
west  of  the  center  lijie  of  Chester  avenue  and  north  of  the 
center  line  of  Eighteenth  street  and  the  continuation 
thereof. 

Fifth  Ward 

Sec.  8.  Beginning  at  the  intersection  of  the  center  line 
of  Chester  avenue  with  the  center  line  of  Eighteenth  street; 
thence  south  on  the  center  line  of  Chester  avenue  to  the 
boundary  line  between  sections  thirty  and  thirty-one,  town- 
ship twenty-nine  south,  range  twenty-eight  east,  M.  D.  B. 
and  M.;  thence  west  along  said  boundary  line  to  the  west 
boundary  line  of  the  city;  thence  north  on  said  west  boun- 
dary line  to  the  southwest  corner  of  the  Fourth  ward; 
thence  east  on  the  south  boundary  line  of  said  Fourth 
ward  to  the  place  of  beginning. 

Sixth  Ward 

Sec.  9.  All  that  portion  of  the  city  of  Bakersfield  lying 
south  of  the  south  boundary  line  of  the  Fifth  ward  and 
west  of  the  center  line  of  Chester  avenue,  as  the  same  is 
now,  or  may  hereafter  be  extended. 

Seventh  Ward 

Sec.  10.  All  that  portion  of  the  city  of  Bakersfield  lying 
south  of  the  center  line  of  Truxtun  avenue  and  between 
the  center  line  of  Union  avenue,  as  the  same  now  is  or 
may  hereafter  be  extended,  and  the  center  line  of  Chester 
avenue,  as  the  same  now  is,  or  may  heivafter  be  extended. 

Voting  Precincts 

Sec.   11.     The    council    shall    establish    voting    ])recincts 


under  the  provision  of  state  law,  but  each  shall  be  wholly 
in  one  ward,  nor  shall  the  boundaries  of  a  precinct  be 
changed  within  twenty  days  before  an  election. 

ARTICLE  III. 

LEGISLATIVE    DEPARTMENT 

Rights  and  Liabilities 

Sec.  12.  The  city  may  use  a  corporate  seal;  may  sue 
and  be  sued;  may  acquire  property  in  fee  simple  or  lessor 
interest,  by  estate,  purchase,  gift,  appropriation,  devise, 
lease,  lease  with  privilege  to  purchase,  for  any  municipal 
purpose;  may  sell,  lease,  hold,  manage  and  control  such 
property;  may  make  any  and  all  rules  and  regulations,  to 
carry  out  all  covenants  or  conditions  of  any  conveyance, 
deed,  gift,  bequest  or  lease;  may  acquire,  construct,  own, 
lease,  operate  and  regulate  public  utilities,  may  engage  in 
the  manufacture,  sale  or  distribution  of  any  commodity 
generally  used  by  the  inhabitants  of  the  city  of  Bakers- 
fleld;  may  assess,  levy  and  collect  taxes  and  provide  penal- 
ties for  non-payment  thereof,  for  general  and  special  pui> 
poses,  on  all  subjects  or  objects  which  the  city  may  law- 
fully tax;  may  enforce  the  lien  of  taxes  and  penalties 
against  property,  for  taxes  assessed  and  levied  thereon,  by 
sale  thereof;  may  borrow  money  on  the  faith  and  credit 
of  the  city,  by  sale  of  bonds  or  notes  of  the  city;  may  ap- 
propriate the  money  of  the  city  for  all  lawful  purposes; 
may  create,  provide  for,  construct,  regulate,  and  maintain 
all  tilings  of  the  nature  of  public  works  and  improve- 
ments, hospitals,  parks,  playgrounds  or  other  places  of 
amusement  or  entertainment,  maj^  for  puiposes  of  regula- 
tion and  revenue,  license  all  persons,  corporations  and  as- 
sociations engaged  in  any  business,  occupations  and  as- 
sociations engaged  in  any  business,  occupation,  profession 
or  trade;  may  establish  and  maintain  a  free  municipal 
employment  ofiice;  may  define,  prohibit,  abate,  suppress 
and  prevent  all  things  deterimental  to  the  health,  morals, 
comfort,  safety,  convenience  and  welfare  of  the  inhabitants 
of  the  city,  and  may  abate  all  nuisances  and  causes  there- 
of; may  regulate  the  construction,  height  and  material 
used  in  all  buildings,  and  the  maintenance  and  occupancy 
thereof;  may  regulate  and  control  the  use  of  the  streets 
and  other  pubhc  places;  may  create,  establish,  abolish  and 
organize  offices  other  than  those  herein  provided,  and  ex- 
cept as  herein  provided,  fix  the  salaries  and  compensations 
and  hours  of  labor  of  all  officers  and  employees;  may 
make  and  enforce  local  police,  sanitary  and  other  regula- 
tions; and  may  pass  such  ordinances  as  may  be  expedient 
for  maintaining  and  promoting  the  peace,'  good  govern- 


iiKiil  and  wc'llare  of  the  city;  the  city  shall  have  all  pow- 
ers that  now  are.  or  heivat'ter  may  be  granted  to  numici- 
palities  by  the  constitution  or  laws  of  the  State  of  CaU- 
fornia;  and  all  such  powers,  whether  expressed  or  implied, 
shall  be  exercised  and  enforced  in  the  manner  prescribed 
by  this  charter,  or  when  not  prescribed  herein,  in  such 
manner  as  shall  be  provided  by  ordinance  or  resolution  of 
the  council.  The  enumeration  of  i)articular  powers  by  this 
charter  shall  not  be  held  or  deemed  to  be  exclusive,  but, 
in  adcUtion  to  the  powers  enumerated  herein,  the  city  shall 
have,  and  may  exercise  all  other  powers  which,  under  the 
constitution  and  laws  of  California,  it  would  be  competent 
for  this  charter  specifically  to  enumerate. 

Public  Entertainment 

Sec.  13.  The  city  may  appropriate  money  for  any  or  all 
of  the  followinij  purposes:  reception  and  entertainment  of 
public  guests,  assistance  of  public  celebrations  held  by  the 
city  at  large,  to  aid  or  carry  on  the  work  inducing  immi- 
gration to  the  city;  and  generally,  for  the  puipose  of  ad- 
vertising the  city,  provided,  however,  that  the  aggregate 
expenditures  for  all  of  said  purposes  shall  not  exceed  in 
any  fiscal  year  the  sum  of  two  cents  on  each  one  hundred 
dollars  of  the  assessed  value  of  jjroperty. 

Legislative  Powers  of  Council 

Sec.  14.  The  legislative  power  of  the  city,  except  as  re- 
served to  the  people  by  this  charter,  shall  be  vested  in  a 
council  of  seven  members,  one  to  be  elected  from  each  of 
the  seven  wards  of  the  city  by  the  electors  thei'^of. 

Term  of  Office 

Sec.  lo.  Councilmen  shall  be  elected  for  a  term  of  two 
years,  and  shall  serve  until  tlieir  successors  are  elected  or 
appointed  and  have  qualified. 

Vacancies  in  Council 

Sec.  10.-  Vacancies  in  the  council  shall  be  filled  by  the 
council,  for  the  unexpired  term,  except  when  caused  by 
recall  election.  When  a  vacancy  occurs  in  the  council, 
electors  in  the  waixl  in  which  the  vacancy  occurred,  equal 
in  number  to  twenty-five  per  cent  or  more  of  the  total 
vote  cast  for  councilman  therein,  at  the  last  general  elec- 
tion, may  file  a  petition,  praying  for  a  special  election,  to 
fill  such  vacancy.  When  such  i)etition  is  filed,  the  signa- 
tures  thereto  shall   be  verified   and   certified,   as  provided 


for  petitions  for  recall  elections,  and  it  shall  thereupon  be 
mandatory  on  the  council  to  call  such  special  election, 
within  thirty  days  thereafter.  If  no  such  petition  be  filed 
within  two  weeks  after  the  vacancy  occurs  council  shall 
proceed  to  fill  such  vacancy. 

Qualifications  of  Councilmen 

Sec.  17.  Members  of  the  council,  and  candidates  there- 
for, shall  be  residents  of  the  city  for  three  years  and  elec- 
tors of  the  ward  which  they  represent.  Councilmen  shall 
not  hold  any  other  public  office  except  that  of  notary  pub- 
lic or  member  of  the  state  militia,  and  shall  not  be  inter- 
ested in  any  contract,  job,  work  or  service  for  the  munici- 
pality. Any  member  who  shall  cease  to  possess  any  of  the 
qualifications  herein  required  shall  forfeit  his  office,  and 
any  such  contract,  in  which  any  member  is  or  may  be- 
come interested,  shall  be  void.  No  member  of  the  council 
shall,  except  in  so  far  as  is  necessary  in  the  performance 
of  the  duties  of  his  office,  directly  or  indirectly  take  any 
part  in  the  appointment,  promotion  or  dismissal  of  any 
officer,  or  employee  in  the  service  of  the  city  other  than 
the  officers  or  employees  of  the  council. 

Salary  of  Councilmen 

Sec.  18.  The  salaries  of  the  councilmen  first  elected 
under  this  charter  shall  be  fiftj'  dollars  per  month.  There- 
after the  council  may,  by  ordinance  submitted  to  a  refer- 
endum at  any  municipal  election,  change  the  salary  of 
members  of  the  council. 

Meetings  of  Council 

Sec.  19.  On  the  second  Monday  following  a  regular 
municipal  election,  the  council  shall  meet  in  the  council 
chambers  of  the  city  hall  at  8  p.  m.,  at  which  time  the 
newly  elected  and  qualified  councilmen  shall  assume  the 
duties  of  their  office.  Thereafter  the  council  shall  meet 
at  such  times  as  may  be  prescribed  by  ordinance  or  reso- 
lution. Any  four  members  thereof  may  call  special  meet- 
ings of  the  council  upon  notice  to  each  member.  Such 
notice  shall  state  the  subjects  to  be  considered  at  the  meet- 
ing and  no  other  subjects  shall  be  there  considered.  All 
meetings  of  the  council  shall  be  public  and  any  citizen  shall 
have  access  to  the  minutes  and  records  thereof  at  all  rea- 
sonable times. 

The  council  shall  determine  its  own  rules  and  order  of 
business  and  shall  keep  a  minute  book  of  its  proceedings. 

President  of  Council 

Sec.  20.  At  the  first  meeting  after  assuming  the  duties 
of  the  office,   the  council  shall  elect  one  of  its  members 


president  who  shall  hold  the  title  of  mayor,  and  preside 
at  meetings  of  the  eouncil.  He  shall  be  the  chief  execu- 
tive of  the  city  and  perform  such  other  duties  as  presiding 
officer  as  may  be  imposed  upon  him  by  the  council.  In 
the  absence  of  the  president,  the  council  shall  elect  a  presi- 
dent pro  tempore. 

Legislative  Procedure 

Sec.  21.  The  council  shall  be  the  judge  of  the  election 
of  its  members.  A  majority  of  all  members  shall  be 
a  quorum  to  do  business,  but  a  less  number  may  adjourn 
from  day  to  day  and  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  may 
be  prescribed  by  ordinance.  The  atfirmative  vote  of  a 
majority  of  the  members  of  the  council  shall  be  necessary 
to  adopt  an  ordinance  or  resolution.  The  vote  upon  the 
passage  of  all  ordinances  and  upon  the  adoption  of  such 
resolutions  as  the  council  by  its  rules  prescribe,  shall  be 
taken  by  "yeas"  and  "nays"  and  entered  upon  the  journal. 

Ordinance  Enactment 

Sec.  22.  Each  proposed  ordinance  or  resolution  shall 
be  in  written  form  and  shall  contain  but  one  subject  which 
shall  be  stated  in  the  title;  but  general  appropriation  ordi- 
nances may  contain  the  various  subjects  and  accounts  for 
which  moneys  are  to  be  appropriated.  The  enacting  clause 
of  all  ordinances  passed  by  the  council  shall  be,  "Be  it 
ordained  by  the  council  of  the  city  of  Bakersfield  as  fol- 
lows." The  enacting  clause  of  all  ordinances  submitted 
by  the  initiative  shall  be,  "Be  it  ordained  by  the  people 
of  Bakersfield  as  follows:". 

Emergency  Measures 

Sec.  23.  All  ordinances  and  resolutions  shall  be  in  ef- 
fect from  and  after  thirty  days  from  the  date  of  their 
passage,  except  as  otherwise  provided  in  this  charter.  The 
council  may,  by  a  two-thirds  vote  of  the  members,  pass 
emergency  measures  to  take  effect  at  the  time  indicated 
therein. 

Definition   of  Emergency  Measure 

Sec.  24.  An  emergency  measure  is  an  ordinance  or 
resolution  for  the  immediate  preservation  of  the  public 
health,  peace,  property  or  safety,  or  providing  for  the  daily 
operation  of  a  municipal  department  in  which  the  emerg- 
ency is  set  forth  in  the  preamble  thereto.  Ordinances  ap- 
propriating money  may  be  passed  as  emergency  measures, 

10 


but  no  measure  making  a  grant  of  a  franchise  or  other 
special  privilege,  or  regulating  the  rate  to  be  charged  for 
its  services  by  any  public  utility  shall  ever  be  so  passed. 

Initiative  Petition 

Sec.  25.  Any  proposed  ordinance  may  be  submitted 
to  the  council  by  a  petition  signed  by  registered  electors 
of  the  city  equal  to  twenty-five  per  cent,  of  the  total  votes 
cast  at  the  last  general  municipal  election.  The  form  and 
contents  of  the  petition  and  the  mode  of  verification  and 
certification  and  filing  shall  be  substantially  as  hereinafter 
provided. 

Procedure 

Sec.  26.  When  such  petition  and  ordinance  is  pre- 
sented, the  clerk  must  endorse  it,  with  date  of  filing,  and 
within  ten  days  thereafter,  he  must  verify  the  signature 
thereto,  and  submit  it  to  the  council  at  the  first  regular 
meeting  thereafter.  The  council  shall  pass  the  ordinance 
within  ten  days  after  its  submission  or  call  a  special  elec- 
tion, to  be  held  within  forty  days  after  the  clerk  shall  have 
submitted  said  petition,  at  which  said  ordinance  shall  be 
submitted  to  a  vote  of  the  people. 

Publication  of  Ordinance 

Sec.  27.  Whenever  an  ordinance  is  required  by  this 
charter  to  be  submitted  to  the  voters  of  the  city,  such 
ordinance  shall  be  published  in  like  manner  as  ordinance 
adopted  by  the  council. 

Form  of  Ballot 

Sec.  28.  The  ballots  used  when  voting  upon  such  ordi- 
nances shall  give  the  title  in  full  and  state  the  general  na- 
ture of  the  proposed  ordinance  and  contain  the  words 
"For  the  Ordinance"  and  the  words  "Against  the  Ordi- 
nance" and  otherwise  conform  to  the  provisions  of  this 
charter.  If  a  majority  of  the  votes  cast  thereon  at  such 
election  be  for  the  ordinance,  it  shall  thereupon  become 
a  valid  and  binding  ordinance  of  the  cit^^ 

Plurality  of  Ordinance 

Sec.  29.  Any  number  of  proposed  ordinances  may  be 
submitted  at  the  same  election. 

Repeal  or  Amendment 

Sec.  30.  The  council  may  submit  an  ordinance  to  re- 
peal or  amend  any  such  ordinance  to  the  electors  at  any 
succeeding  general   municipal   election;   and   should   such 

11 


proposed  ordinance  so  submitted  receive  a  majority  of 
the  votes  cast  thereon  at  such  election,  the  original  ordi- 
nance shall  be  repealed  or  amended  accordingly.  An 
ordinance  proposed  by  petition,  or  adopted  by  a  vote  of 
the  people,  can  not  be  repealed  or  amended  except  by  a 
vote  of  the  people. 

Affidavits  of  Signatures 

Sec.  31.  The  petition  hereinbefore  referred  to  must  be 
signed  by  electors  of  the  city  and  attached  to  an  affidavit 
of  one  or  more  of  the  signers  thereof,  that  the  names 
thereto  are  names  of  electors  as  thereinbefore  set  forth 
and  were  subscribed  to  the  said  petition  in  the  presence  of 
the  affiant. 

The  Referendum 

Sec.  32.  No  ordinance  passed  by  the  council  shall  go 
into  effect  before  thirty  days  from  the  time  of  its  final 
passage,  except  when  otherwise  required  by  the  general 
laws  of  the  state,  or  by  the  provisions  of  this  charter  re- 
specting street  improvements,  and  except  the  ordinance 
making  the  annual  tax  levy,  and  except  an  ordinance  for 
the  immediate  preservation  of  the  public  health  or  safety; 
the  said  ordinance  to  contain  a  statement  of  its  urgency; 
provided,  that  no  grant  of  any  franchise  shall  be  construed 
to  be  an  urgency  measure,  but  all  franchises  shall  be  sub- 
ject to  the  referendum  vote  herein  provided.  If  before  any 
ordinance  is  in  force  a  petition  signed  by  electors  of  the 
city,  equal  in  number  to  twenty-five  ])er  centum  or  more, 
of  the  entire  vote  cast  at  the  last  general  election,  pro- 
testing against  the  passage  of  such  ordinance,  be  presented 
to  the  council,  said  ordinance  shall  thereupon  be  sus- 
pended. Tlie  council  shall  submit  the  ordinance  to  the 
electors  of  the  city  either  at  the  next  general  municipal 
election,  or  at  a  special  election,  and  such  ordinance  shall 
not  go  into  effect  unless  a  majoritv  of  the  electors  voting 
on  the  same,  shall  vote  in  favor  thereof.  The  provisions 
of  article  VII.  respecting  the  forms  and  conditions  of  the 
petition  and  the  mode  of  verification  and  certification  and 
filing,  and  the  ballot  to  be  used,  shall  be  substantially 
followed,  with  such  modifications  as  the  nature  of  the 
case  may  require. 

Conflicting  Measures 

Sec.  33.  At  any  special  election,  one  or  more  other 
questions  or  ordinances  may  be  submitted  to  the  electors 
either  by  the  same  or  by  diflerent  ordinances,  if  said  other 
questions  and  ordinances  are  such  as  may  legally  be  sub- 

12 


mitted  at  such  election,  and  the  requirements  of  the  char- 
ter have  been  comphed  with.  If  two  or  more  measures 
approved  or  adopted  at  the  same  election  conflict,  the 
measure  receiving  the  highest  affirmative  vote  shall  con- 
trol in  such  conflicting  portions. 

ARTICLE  IV. 

OFFICERS  AND  EMPLOYEES 

Officers  Appointed  by  the  Council 

Sec.  34.  The  council  shall  appoint  the  following  offi- 
cers whose  terms  of  office  shall  be  at  the  pleasure  of  the 
council : 

1.  City  manager,  who  may  or  may  not  be  a  resident  of 
the  city  at  the  time  of  liis  appointment. 

2.  Treasurer. 

3.  Assessor. 

4.  Attorney. 

5.  Clerk. 

The  council  shall  appoint  the  following  officers  whose 
terms  of  office  shall  be  for  a  period  of  two  years: 

1.  Auditor. 

2.  Police  judge. 

3.  Public  welfare  commissioners. 

City  Manager 

Sec.  35.  The  city  manager  shall  have  general  super- 
vision and  direction  of  the  administrative  operation  of  the 
city  government. 

Duties  of  Manager 

Sec.  36.     The  duties  of  the  manager  are: 

1.  To  see  that  all  the  laws  and  ordinances  are  faithfully 
enforced  by  the  heads  of  the  departments; 

2.  To  attend  all  meetings  of  the  council  at  which  his 
attendance  may  be  required  by  that  body; 

3.  To  recommend  for  adoption  to  the  council  such 
measures  as  he  may  deem  necessary  or  expedient; 

4.  To  keep  the  council  fully  advised  of  the  financial 
condition  of  the  municipality  and  its  future  needs; 

5.  To  prepare  and  submit  to  the  auditor  a  tentative 
budget  for  the  next  fiscal  year; 

6.  To  appoint  and  remove,  except  as  herein  otherwise 
provided,    all    officers    and    subordinate    officers    and    em- 


ployces  of  the  cleparlnuiits,  in  both  the  classified  and  un- 
chissificd  service;  all  appointments  to  be  upon  merit  and 
fitness  alone; 

7.  To  exercise  control  over  all  other  departments  and 
divisions  that  may  be  hereafter  created  by  the  council, 
and  assigned  to  his  management,  not  in  conflict  with  the 
provisions  of  this  charter; 

8.  To  investigate  all  complaints,  in  regard  to  the  service 
maintained  by  any  and  all  public  utilities  in  the  city,  and 
to  take  such  proceedings  as  may  be  necessary  to  correct 
the  abuse,  if  any. 

Salary  of  Manager 

Sec.  37.  The  city  manager  shall  receive  such  salary  as 
may  be  fixed  by  the  council,  and  before  entering  upon  the 
duties  of  his  office,  he  shall  take  the  official  oath  required 
by  this  article. 

Heads  of  Departments 

Sec.  38.  The  following  officers  shall  be  appointed  by 
and  hold  office  at  the  pleasure  of  the  city  manager: 

1.  Chief  of  police. 

2.  Chief  of  fire  department. 

3.  City  engineer. 

4.  Superintendent  of  streets. 

5.  Health  officer. 

6.  Building  and  plumbing  inspector. 

Duties  of  Appointive  Officers 

Sec.  39.  The  council  shall  define  the  duties  of  appoint- 
ive ofTicers,  where  not  otherwise  pix)vided  for  in  this  char- 
ter, and  where  practicable,  the  duties  of  two  or  more  offi- 
cers may  be  performed  by  the  same  person. 

Auditor 

Sec.  40.  The  duties  of  the  auditor  shall  be:  To  certify 
to  the  treasurer  the  amount  due  to  the  city,  from  any 
source,  and  the  treasurer  shall  not  receive  such  money  un- 
less such  certificate  shall  have  been  presented  and  filed, 
showing  the  amount,  from  what  source  the  indebtedness 
has  arisen,  and  to  what  fund  it  should  be  apportioned;  to 
keep  a  complete  set  of  books,  showing  the  balance  of 
money  in  the  treasury,  and  the  amount  charged  against 
each  officer  or  employee;  to  prepare,  countersign  and  de- 
liver, from  time  to  time,  as  may  be  required,  to  the  proper 

14 


officer,  agents  or  emploj^ees,  all  licenses  and  receipts, 
charging  such  officer,  agent  or  employee  therewith,  and 
taking  his  receipt  therefor;  to  draw  and  sign  all  warrants 
upon  the  treasurer  for  the  payment  of  any  legal  demand 
against  the  city,  when  allowed  by  the  council,  or  proper 
board  or  officer.  No  warrant  shall  be  drawn,  except  upon 
a  written  demand,  as  aforesaid,  which  shall  be  filed  and 
kept  in  the  office  of  the  auditor,  with  the  date  of  filing, 
when  allowed,  and  the  name  of  the  person  holding  the 
original  demand  against  the  city.  He  shall,  upon  the  death 
or  removal  or  expiration  of  the  term  of  any  officer  hand- 
ling any  funds  of  the  city,  or  being  charged  with  any  such 
funds,  examine  the  accounts  of  such  officer  or  employee, 
and  report  the  result  of  his  examination  to  the  manager. 

Examination  of  Records 

Sec.  41.  The  city  council  shall  employ,  at  the  beginning 
of  each  fiscal  year,  a  certified  public  accountant  who  shall, 
at  least  twice  each  year,  without  notice,  examine  the 
books,  records,  and  reports  of  the  auditor  and  of  all  other 
officers  and  employees  who  receive  or  disburse  city  money, 
and  of  such  other  officers  and  departments  as  the  council 
may  direct.  Reports  of  such  examination,  in  triplicate, 
shall  be  made  and  one  each  thereof  shall  be  filed  with  the 
clerk,  auditor  and  attorney.  Any  officer,  clerk  or  em- 
ployee who  shall  refuse  to  give  all  required  assistance  and 
information  to  such  accountant  or  submit  to  him  for  ex- 
amination such  books,  papers  and  records  of  his  office  as 
may  be  required,  shall  forfeit  his  office. 

Uniform  Accounts  and  Reports 

Sec.  42.  The  council  shall  prescribe  uniform  forms  and 
accounts,  which  shall  be  observed  by  all  officers  and  de- 
partments of  the  city  which  receive  or  disburse  moneys. 
Whenever  an  act  shall  be  passed  by  the  state  legislature 
calling  for  uniform  municipal  reports,  the  city  authorities 
shall  be  governed  thereby. 

Qualifications  of  Officers  and  Employees 

Sec.  43.  Except  as  otherwise  specified  in  this  charter, 
the  qualifications  of  officers  and  employees  of  the  city  shall 
be  as  follows:  Each  elective  officer  must  be  a  citizen  of 
the  United  States,  of  the  State  of  California,  and  of  the 
city  of  Bakersfield,  for  three  years  next  preceding  the  date 
of  his  election.  Residence  within  the  limits  of  any  terri- 
tory which  has  been  or  maj^  hereafter  become  annexed 
to  the  city  of  Bakersfield,  shall,  after  any  such  annexation 

15 


has  been  accomplished,  be  deemed  and  construed  to  have 
been  within  the  city.  Appointive  otTicers,  members  of  the 
pubUc  welfare  board,  suljordinate  oiTicers  and  municipal 
employees,  except  employees  in  the  unskilled  labor  di- 
vision, must  be  citizens  of  the  United  States;  each  member 
of  the  police  and  tire  department  shall  be  of  good  repute 
for  honesty  and  sobriety,  able  to  read  and  write  the  Eng- 
hsh  language;  shall  have  been  a  resident  of  the  city  of 
Bakersfield  for  one  year  next  preceding  his  appointment; 
and  further  provided,  that  in  appointments  to  positions, 
citizens  of  the  United  States  shall  be  employed  in  prefer^ 
ence  to  aliens,  and  married  men  and  men  of  family  in 
preference  to  single  men. 

Oath  of  Office 

Sec.  44.  Every  officer  of  the  city  before  entering  upon 
the  duties  of  his  office,  shall  take  the  following  oath  of 
office  and  fde  the  same  with  the  clerk:  I  solemnly  swear 
or  affirm  that  I  will  support  the  constitution  of  the  United 
States,  the  constitution  of  the  State  of  California,  and  the 
charter  and  ordinances  of  the  city  of  Bakersfield,  and  will 
truly  and  to  the  best  of  my  ability  perform  the  duties  of 

the  office  of 

(Signed) - 

Subscribed  and  sworn  to  before  me,  this 

day  of - ,  19 

Bonds  of  Officers 

Sec.  45.  All  officers,  commissioners,  heads  of  depart- 
ments, the  city  manager,  and  any  subordinates,  deputies 
or  employees,  as  may  be  required  by  the  council,  shall 
execute  a  good  and  suthcient  un{k'rtaking.  in  such  sum 
as  may  be  fixed  by  the  council,  for  the  faithful  perform- 
ance of  their  official  duties,  signed  and  executed  by  two 
or  more  persons,  or  by  any  surety  company  authorized  to 
do  business  in  the  State  of  California. 

Restrictions  Upon  Officers  and  Employees 

Sec.  46.  Xo  officer,  appointee  or  employee  of  the  city, 
shall-  be  interested  in  any  contract  or  transaction  with  the 
city,  or  with  any  department,  board,  otlicee  or  employee 
thereof,  nor  become  surety  for  the  performance  of  any 
contract  or  sulj-contract  made  with  or  for  the  city,  upon 

16 


any  bonds  given  for  the  performance  thereof  to  the  city, 
or  contractor.  No  officer,  appointee  or  employee  shall 
receive  any  commission,  money  or  things  of  value,  or 
derive  any  profit,  benefit  or  advantage  direct  or  indirect, 
from  or  by  reason  of  any  dealings  with  or  services  for  the 
city  by  himself  or  others,  except  his  lawful  compensation 
as  such  officer,  appointee  or  employee.  The  violation  of 
the  provisions  of  this  section  shall  be  a  misdemeanor  and 
shall  work  the  forfeiture  of  such  office   or  employment. 

Day  of  Rest  Each  Week 

Sec.  47.  No  employee  or  police  officer  shall  be  required 
to  render  services  for  which  he  is  einployed  or  appointed 
for  more  than  six  days  in  any  week,  except  in  times  of 
stress  or  emergency;  and  when  it  would  not  result  in  the 
impairment  of  the  service  of  which  he  is  engaged,  Sunday 
shall  be  preferred  as  the  day  of  rest. 

ARTICLE  V. 

FINANCE  AND  TAXATION 

The  Fiscal  Year 

Sec.  48.  Tlie  fiscal  jear  of  the  city  shall  commence 
upon  the  first  day  of  July  each  year. 

Tax  System 

Sec.  49.  The  council  shall  by  ordinance  provide  a  sys- 
tem for  the  assessment,  levy  and  collection  of  all  city  taxes 
not  inconsistent  with  the  provisions  of  this  charter. 

Compliance  With  State  Law 

Sec.  50.  The  council  shall  have  power  to  avail  itself 
by  ordinance  of  any  law  of  the  State  of  California  now  or 
hereafter  in  force,  whereby  assessments  may  be  made  by 
the  assessor  of  the  county  in  which  the  city  of  Bakers- 
field  is  situated,  and  taxes  collected  by  the  tax  collector 
of  said  county  for  and  on  behalf  of  the  the  city  of  Bakers- 
field.  Other  provisions  of  this  charter  concerning  the  as- 
sessment levy  and  collection  of  taxes  shall  be  subject  to 
the  provisions  of  any  such  ordinance  while  the  same  shall 
be  in  force. 

Department  Estimates  of  Annual  Requirements 

Sec.  51.  On  or  before  the  first  Monday  in  April  in  each 
year,  or  on  such  day  in  each  year  as  shall  be  fixed  by  the 
council,  the  heads  of  departments,  offices,  board  and  com- 

17 


missions  shall  submit  to  the  city  manager  a  careful  esti- 
mate in  writing  of  the  amounts,  specifying  in  detail  the 
objects  thereof,  required  for  the  business  and  proper  con- 
duct of  their  respective  departments,  offices,  boards  and 
commissions  during  the  next  ensuing  fiscal  year. 

Annual  Estimate  of  City's  Requirements  and  Revenue 

Sec.  52.  On  or  before  the  first  Monday  in  May  in  each 
year,  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
council,  the  auditor  shall  submit  to  the  council  an  esti- 
mate of  the  probable  expenditure  of  the  city  government 
for  the  next  ensuing  fiscal  year,  stating  the  amount  re- 
quired to  meet  the  interest  and  sinking  funds  for  the  out- 
standing bonded  indebtedness  of  the  city,  and  the  wants 
of  all  the  departments  of  the  municipal  government  in  de- 
tail, and  showing  specifically  the  amount  necessary  to  be 
provided  for  each  fund  and  department;  also  an  estimate 
of  the  amount  of  income  from  fines,  licenses  and  other 
sources  of  revenue,  exclusive  of  taxes  upon  property,  and 
the  probable  amount  required  to  be  levied  and  raised  by 
taxation. 

Annual  Budget 

Sec.  53.  The  council  shall  meet  annually,  prior  to 
fixing  the  tax  levy,  and  make  a  budget  of  the  estimated 
amounts  required  to  pay  the  expenses  of  conducting  the 
business  of  the  city  government  for  the  ensuing  fiscal 
year.  The  budget  shall  be  prepared  in  such  detail  as  to 
the  aggregate  sum  and  the  items  thereof  allowed  in  each 
department,  office,  board  or  commission  as  the  council 
may  deem  advisable. 

Board  of  Equalization 

Sec.  54.  The  council  shall  meet  on  the  first  Monday 
in  August  in  each  year,  at  10  o'clock  in  the  forenoon  of 
said  day,  and  sit  as  a  board  of  equalization,  and  shall  con- 
tinue in  session  for  at  least  five  days.  They  shall  have 
power  to  hear  complaints  and  to  correct  or  modify  any 
assessment  or  cancel  any  assessment  illegally  made,  pro- 
vided that  notice  shall  be  given  to  the  party  whose  as- 
sessment is  to  be  raised. 

Annual  Tax  Levy 

Sec.  55.  The  council  must,  not  later  than  the  first 
Tuesday  in  September  in  each  year,  pass  an  ordinance 
le>dng  upon  the  assessed  valuation  of  the  taxable  prop- 
erty in  the  city,  a  rate  of  taxation  upon  each  one  hundred 

18 


dollars  of  valuation,  sufficient  to  raise  the  amounts  esti- 
mated to  be  required  in  the  annual  budget,  less  the  esti- 
mated amount  to  be  received  from  fines,  licenses  and 
other  sources  of  revenue.  They  shall  then  deliver  the  as- 
sessment roll  to  the  auditor,  who  shall  compute  and  carry 
out  the  amount  of  the  tax  so  levied  upon  each  parcel  of 
property  contained  in  said  assessment  roll.  The  corrected 
list  for  each  tax  shall  be  the  assessment  roll  of  said  tax 
for  said  year,  and  it  shall  be  certified  by  the  auditor  as 
being  the  assessment  roll  of  said  tax. 

Limit  of  Tax  Levy 

Sec.  56.  The  tax  levy  authorized  by  the  council,  to 
meet  the  municipal  expenses  for  each  fiscal  year,  shall  not 
exceed  (except  as  herein  provided)  the  rate  of  one  dollar 
on  each  one  hundred  dollars  of  the  assessed  value  of  all 
real  and  personal  property  within  the  city.  The  council, 
if  requested  by  the  board  of  education,  shall,  in  addition 
to  the  tax  for  municipal  purposes,  levy  a  tax  for  the  ade- 
quate support  of  the  public  schools,  such  levy  not  to  ex- 
ceed twenty-five  cents  on  each  one  hundred  dollars  of 
the  assessed  value  of  all  real  and  personal  property  within 
the  school  district. 

Bond  Tax  and  Library  Tax 

Sec.  57.  The  council  shall  have  power  to  levy  and  col- 
lect taxes,  in  addition  to  the  taxes  herein  authorized  to  be 
levied  and  collected,  sufficient  to  pay  the  interest  and 
maintain  a  sinking  fund  of  the  bonded  indebtedness  of 
the  city,  and  to  provide  for  the  support  of  free  public 
libraries  and  reading  rooms,  and  for  any  other  purpose 
not  forbidden  by  this  charter  or  the  laws  of  the  state. 

Cash  Basis  Fund 

Sec.  58.  The  council  shall  create  and  maintain  a  re- 
volving fund,  to  be  known  as  the  cash  basis  fund,  for  the 
purpose  of  putting  the  payment  of  the  running  expenses 
of  the  city  on  a  cash  basis.  For  this  purpose  the  council 
shall  provide  that,  from  the  money  collected  from  the 
annual  tax  levy  and  from  money  received  from  other 
sources,  a  sum  equal  to  not  less  than  two  and  one-half 
cents  on  each  one  hundred  dollars  of  the  assessed  value 
of  said  property  shall  be  placed  in  such  fund  until  the 
accumulated  amount  thereof  shall  be  sufficient  to  meet 
all  legal  demands  against  the  city,  for  the  first  four  months 
or  other  necessary  period  of  the  succeeding  fiscal  year. 
The  council  shall  have  power  to  transfer  from  the  cash 
basis  fund  to  any  other  fund  or  funds  such  sum  or  sums 

19 


as  may  be  required  for  the  puq)ose  of  placing  such  fund 
or  funds,  as  nearly  as  possible,  on  a  cash  basis.  It  shall 
be  the  duty  of  the  council  to  provide  that  all  money  so 
transferred  from  the  cash  basis  fund  be  returned  before 
the  end  of  the  fiscal  year. 

Tax  Liens 

Sec.  59.  All  taxes  assessed,  toi*ethcr  with  any  per- 
centage and  penalties  imposed  for  delinquency  and  the 
cost  of  collection,  shall  constitute  liens  on  the  property 
assessed;  every  tax  upon  the  personal  property  shall  be  a 
lien  upon  the  real  property  of  the  owner  thereof.  The 
liens,  provided  for  in  this  article  shall  attach  as  of  the 
first  Monday  in  March  of  each  year,  and  may  be  enforced 
by  action  in  any  court  of  competent  jurisdiction  to  fore- 
close such  liens,  or  by  a  sale  of  the  property  affected  and 
the  execution  and  delivery  of  all  necessary  certifications 
and  deeds  therefor,  under  such  regulations  as  may  be  pre- 
scribed by  ordinance;  provided,  that  when  i^al  estate  is 
offered  for  sale  for  city  taxes  due  thereon,  the  same  shall 
be  struck  off"  and  sold  to  the  city,  in  like  case  and  in  like 
manner  and  with  like  effect  and  with  like  right  of  redemp- 
tion and  with  like  right  of  sale  by  the  city,  as  it  may  be 
struck  off"  and  sold  to  the  state  when  off"ered  for  sale  for 
county  taxes  and  sold  by  the  state. 

Disposition  of  Money  Collected 

Sec.  60.  Every  officer  collecting  or  receiving  any  funds 
belonging  to  or  for  the  use  of  the  city  shall  settle  for  the 
same  immediately.  Tlie  council  may  provide,  in  its  dis- 
cretion, for  the  deposit  of  the  city's  funds  hi  banks  in  ac- 
cordance with  the  state  law. 

ARTICLE  VI. 

DEPARTMENT  OF  PUBUC  WELFARE 

Departments 

Sec.  6L  The  department  of  public  welfare  shall  in- 
clude the  following  subordinate  departments: 

Public  health  and  sanitation. 
Public  charities. 
Parks  and  playgrounds. 

Commission  to  Control 

Sec.  62.  The  department  shall  be  under  the  adminis- 
trative control  of  a  commission  of  seven  members,  who 
shall  serve  without  compensation,  and  shall  be  appointed 

20 


one  from  each  ward  by  the  council,  for  a  term  of  two 
years.  The  operative  management  of  each  department 
shall  be  under  the  direction  and  control  of  a  head  official 
to  be  appointed  by  the  manager.  Public  welfare  commis- 
sioners shall  have  charge  of  the  inspection  and  super- 
vision of  all  public  amusements  and  entertainments,  with 
full  police  powers  to  control,  censure  or  suppress  any- 
thing detrimental  to  public  morals. 

Department  of  Public  Health 

Sec.  63.  The  department  of  public  health  shall  be  un- 
der the  control  and  management  of  the  health  officer, 
who  must  be  a  physician  licensed  to  practice  medicine 
and  surgery  in  California,  who  shall  have  supervision  of 
all  matters  pertaining  to  the  sanitary  conditions  of  the 
city  and  the  health  of  its  inhabitants.  He  shall  have 
power,  and  it  shall  be  his  duty: 

1.  To  see  that  all  the  ordinances  and  regulations  of  the 
council  and  of  the  department  are  enforced  and  complied 
with. 

2.  To  inspect  the  drainage,  sewage  and  garbage  disposal. 

3.  To  supervise  the  care,  preparation,  production  and  sale 
of  all  articles  in  any  way  distributed  for  food  consump- 
tion. 

4.  To  enforce  all  laws  of  the  State  of  California  and  all 
regulations  made  by  the  department  of  health,  applicable 
to  the  city. 

5.  In  the  exercise  and  enforcement  of  the  duties  of  his 
department,  he  shall  have  the  power  of  a  peace  officer, 
and  may  make  arrests  for  the  violation  of  any  ordinances 
or  laws  governing  his  department,  and  may  seize  and 
confiscate  any  articles  of  food  unfit  for  human  consump- 
tion. 

6.  When  necessary  to  the  efficiency  of  his  department, 
he  may,  with  the  consent  of  the  manager,  appoint  one  or 
more  physicians,  emergency  surgeons,  bacteriologists,  and 
food  and  market  inspectors,  school  and  district  nurses 
and  a  clerk  of  the  department,  and  prescribe  and  direct 
their  duties. 

7.  He  shall  have  supervision  and  control  of  all  hospitals 
or  sanitoriums  that  may  be  established  or  maintained  by 
the  city. 

Department  of  Public  Charities 

Sec.  64.  The  department  of  charities  shall  be  under  the 
supervision  of  a  commissioner,  who  shall  investigate  all 
applications  for  charity,  and  may  furnish  relief  for  im- 

21 


mediate  ^vant  or  distress,  and  at  once  report  the  particu- 
lar of  each  case  to  the  pubUc  welfare  commissioner.  He 
shall  have  the  care  and  supervision  of  all  homes,  shelters 
and  charitable  institutions  maintained  by  the  city,  that 
are  not  under  the  supervision  and  control  of  the  depart- 
ment of  health. 

Department  of  Parks  and  Playgrounds 

Sec.  65.  The  department  of  parks  and  playgrounds 
shall  be  under  the  supervision  and  direction  of  a  park 
commissioner,  who  shall  have  the  care  and  supervision 
and  management  of  parks  and  playgrounds,  and  enforce 
the  rules  and  regulations  relating  thereto  and  the  use 
thereof.  He  shall  make  suggestions  to  the  manager  for 
improving  and  beautifying  all  property  under  the  su- 
pers'ision  of  his  department  and  for  the  general  better- 
ment thereof,  for  the  purposes  for  which  the  property  is 
dedicated. 

ARTICLE  Vll. 

ELECTIONS 

Mode  of  Election 

Sec.  66.  The  mode  of  nomination  and  election  of  all 
elective  ofiicers  of  the  city  and  members  of  the  board  of 
education  shall  be  as  provided  in  this  article. 

When  Held 

Sec.  67.  Within  ten  days  after  this  charter  shall  have 
been  ratified  by  the  legislature  and  a  certified  copy  thereof 
has  been  filed  in  the  office  of  the  secretary  of  state  and  a 
like  copy  has  been  recorded  in  the  ofTice  of  the  county  re- 
corder of  Kern  county  and  deposited  in  the  archives  of 
the  city,  the  governing  body  of  the  city  of  Bakersfield 
shall  call  a  nominating  election  and  a  general  election, 
under  the  provisions  of  this  charter,  to  elect  officers  as 
herein  provided.  The  nominating  election  shall  be  held  on 
the  first  Tuesday  after  the  expiration  of  fifty  days  from 
the  filing  of  the  certified  copy  of  this  charter  in  the 
archives,  as  aforesaid.  The  officer  so  elected  shall  hold 
office  until  their  successors  are  elected  and  qualified. 
Thereafter  a  general  election  shall  be  held  on  the  second 
Tuesday  of  April  of  the  year  1917.  and  each  odd-number- 
ed year  thereafter,  for  the  election  of  members  of  the 
council,  and  members  of  the  board  of  education  shall  be 
elected  as  herein  provided. 

Condition  of  Candidacy 

Sec.  68.  The  candidate,  not  later  than  the  first  pre- 
sentation to  the  clerk  of  his  petition  of  nomination,   and 

22 


not  earlier  than  thirty  days  before  such  presentation,  shall 
file  with  the  city  clerk  a  declaration  of  his  candidacy,  in 
the  following  form: 

Declaration  of  Candidacy 

I,  ,  residing  at  No.  

street,  Bakersfleld,   California,  being   duly  sworn,   hereby 

declare  myself  a  candidate  for  the  office  of-... 

,  to  be  voted  for  at  the 

municipal  election,  to  be  held  in  the  city  of  Bakersfleld,  on 

the --- -- ...day  of ,  19 , 

and  hereby  appoint... _ , 

residing  at  No street,  city  of  Bakersfleld,  veri- 
fication deputy, 

(Signed)   ...         

STATE   OF   CALIFORNIA) 

ss 
County  of  Kern.  ) 

Subscribed  and  sworn  to  before  me  this day 

of ; ,  19 

Form  of  Nominating  Petition 

Sec.  69.  The  petition  for  nomination  shall  consist  of 
not  less  than  twenty-flve  nor  more  than  flfty  individual 
certiflcates,  which  shall  read  substantially  as  follows: 

Petition  of  Nomination 

(Individual  Certiflcate) 

I,  the  undersigned,  certify  that  I  do  hereby  join  in  a  pe- 
tition for  the  nomination  of ,  whose 

residence  is  at  No ,to  be  voted  for  the  nominating 

election,  to  be  held  in  the  city  of  Bakersfleld,  on  the 

day  of... ,19 ,  for  the  office  of .; 

that  I  believe  said... _. is  fully  qualifled 

for  said  office,  and  should  be  elected  thereto;  and  I  further 
certify  that  I  am  a  qualifled  elector,  and  am  not,  at  this 

23 


time,  a  signer  of  any  other  petition  nominating  any  other 
candidate  for  the  above  named  office;  that  my  residence  is 

at  No street,  between street  and 

street,  Bakersfield,  and  that  my  occupa- 
tion is 

(Signed)     .    


Forms  to  Be  Supplied  by  City  Clerk 

Sec.  70.  It  shall  be  the  duty  of  the  clerk  to  furnish, 
upon  application,  a  reasonable  number  of  forms  of  indi- 
vidual certificate  of  the  above  character. 

Requirements  of  Certificate 

Sec.  71.  Each  certificate  must  be  a  separate  paper.  All 
certificates  must  be  of  a  uniform  size,  as  detcrnaned  by 
the  clerk.  Each  certificate  must  contain  the  name  of  one 
signer  thereto  and  the  name  of  but  one  candidate.  Each 
signer  must  be  an  elector,  entitled  to  vote  for  the  candi- 
date named,  and  must  not,  at  the  time  of  signing  a  certifi- 
cate, have  signed  any  other  certificate  for  the  same  office. 
In  case  an  elector  has  signed  two  or  more  conflicting  certi- 
ficates, all  except  the  one  first  presented  shall  be  rejected. 
Each  signer  must  sign  his  name  in  the  presence  of  the 
verification  deputy,  who  must  take  oath  before  some 
officer  authorized  to  administer  and  certify  oaths,  that 
the  signatures  thereto  and  each  thereof,  were  made  in  his 
presence,  and  are  genuine. 

Date  of  Presenting  Petition  and  Form  Thereof 

Sec.  72.  A  petition  for  nomination,  consisting  of  not 
less  than  twenty-five  nor  more  than  fifty  individual  certi- 
ficates for  any  one  candidate,  may  be  presented  to  the 
clerk  ,not  earlier  than  fifty  days,  nor  later  than  twenty- 
five  days  before  the  election.  The  clerk  shall  endoree 
thereon  the  day,  hour  and  minute  when  the  petition  was 
presented  to  him. 

The  certificates  constituting  such  petition,  before  being 
presented  to  the  clerk,  shall  be  fastened  together  in  book 
form,  arranged  in  alphabetical  order,  according  to  sur- 
names, and  fastening  them  together  at  one  edge  in  a  se- 
cure and  suitable  manner,  and  the  certificates  shall  then 
be  numbered  consecutively. 

r 

24 


Examinations  of  Petitions  by  City  Clerk 

Sec.  73.  When  a  petition  of  nomination  is  presented 
for  filing  to  the  clerk,  he  shall  forthwith  examine  the 
same,  and  ascertain  whether  it  is  sufficient  under  the  pro- 
visions of  this  charter.  Within  seven  days  thereafter  he 
must  examine  and  determine  whether  or  not  it  is  suffi- 
cient and  shall  attach  to  said  petition  his  certificate,  show- 
ing the  result  of  said  examination,  and  forthwith  send  by 
registered  mail  or  deliver,  a  copy  of  said  certificate  to  the 
person  seeking  a  nomination.  If  the  petition  be  found  in- 
sufficient such  certificate  of  the  clerk  shall  designate  each 
individual  certificate  found  to  be  defective  and  the  defect 
therein.  If  the  petition  be  insufficient,  it  may  be  amended 
or  supplemented  by  the  presentation  of  an  additional 
nominating  petition  containing  additional  nominating  cer- 
tificates, not  later  than  twenty-five  days  before  the  date 
of  the  nominating  municipal  election.  The  clerk  shall, 
withia  five  days  after  the  presentation  of  such  additional 
nominating  petition,  make  like  examination  and  determi- 
nation of  the  amended  petition,  and  attach  to  it  a  like 
certificate  and  mail  a  copy  as  aforesaid,  and  if  his  certifi- 
cate shall  show  the  amended  petition  to  be  insufficient,  or 
if  no  additional  nomination  petition  shall  have  been  pre- 
sented, the  petition  shall  be  returned  to  the  person  seeking 
a  nomination  named  as  the  person  to  whom  the  petition 
is  to  be  returned.  If  necessary,  the  council  shall  provide 
extra  help  to  enable  the  clerk  to  perform  his  duties,  under 
any  election  provision  of  this  charter. 

Withdrawal  of  Signature 

Sec.  74.  Any  signer  to  a  certificate  forming  part  of  the 
petition  of  nomination  may  withdraw  his  name  from  the 
same,  by  filing  with  the  clerk  a  revocation  of  his  signature, 
before  the  presentation  of  the  petition  to  the  city  clerk, 
and  not  otherwise.  He  may  then  sign  a  petition  for  an- 
other candidate  for  the  same  office. 

Withdrawal  of  Candidate  for  Nomination 

Sec.  75.  Any  person  who  has  filed  his  declaration  of 
candidacy,  as  in  this  article  provided,  may,  not  later  than 
thirty  days  before  the  day  of  the  nominating  election, 
cause  his  name  to  be  withdrawn  from  nomination,  by 
filing  with  the  clerk  an  affidavit  stating  that  he  so  with- 
draws, and  no  name  so  withdrawn  shall  be  printed  on  the 
ballot. 

Filing  of  Petitions 

Sec.  76.  If  either  the  original  or  the  amended  petition 
be  found  to  conform  to  the  provisions  of  this  article,  the 

25 


clerk  shall  file  the  same  not  later  than  twenty  days  before 
the  date  of  the  election.  When  a  petition  of  nomination 
shall  have  been  filed  with  the  clerk,  it  shall  not  be  with- 
drawn nor  added  to,  and  no  signature  shall  be  revoked 
thereafter. 

Preservation  of  Petitions 

Sec.  77.  The  clerk  shall  preserve  in  his  office  for  a 
period  of  one  year  all  petitions  of  nomination  and  all  cer- 
tificates belonging  thereto,  filed  under  this  section. 

Election  Proclamation 

Sec.  78.  Immediately  after  such  petitions  are  filed,  the 
clerk  shall  enter  the  names  of  the  candidates  in  a  Ust, 
with  the  ofiices  to  be  filled,  whether  for  a  full  or  unexpired 
term  and  the  names  of  the  candidates  for  each,  and  shall, 
not  later  than  twenty  days  before  the  nominating  election, 
certify  such  list  as  being  the  list  of  candidates  nominated, 
and  tiie  council  shall  cause  said  certified  list  to  be  filed  and 
published  in  the  proclamation  calUng  the  election  for  three 
successive  days,  commencing  seven  days  before  the  day  of 
the  election.  Said  proclamation  shall  in  all  other  respects 
be  governed  by  ordinances. 

Form  of  Ballot 

Sec.  79.  The  clerk  shall  cause  the  ballots  to  be  printed 
and  bound  and  numbered  as  provided  for  by  the  state 
law,  except  as  otherwise  required  in  this  charter. 

Requirements  of  Ballot 

Sec.  80.  The  form  of  the  ballot  shall  be  prescribed  by 
the  council  and  shall  be  printed  on  precisely  the  same  size, 
quality  and  tint  of  paper,  with  precisely  the  same  kind  of 
t^-pe  and  color  of  ink.  so  that  without  the  number  it  would 
be  impossible  to  distinguish  one  ballot  from  another;  and 
the  names  of  all  candidates  printed  upon  the  ballot  shall 
be  in  t^^pe  of  the  same  size  and  style.  The  names  of  the 
candidates  for  each  oliice  shall  be  arranged  in  alphabetical 
order  by  surnames,  and  nothing  on  the  ballot  shall  be 
indicative  of  the  source  of  the  candidacy  or  of  the  support 
of  any  candidate. 

Space  for  Voting  Cross 

Sec.  81.  A  space,  one-half  inch  square,  shall  be  left  at 
the  right  of  the  name  of  each  candidate,  wherein  to  mark 
the  cross. 

Sec.  82.     As  many  blank  spaces  as  there  ai^  candidates 

26 


to  be  voted  for  shall  be  left  below  the  printed  names  of 
candidates  for  each  office  to  be  voted  for,  wherein  the 
voter  may  write  the  name  of  each  person  for  whom  he 
may  wish  to  vote. 

Sample  Ballots 

Sec.  83.  The  clerk  shall  cause  to  be  printed  sample 
ballots  identical,  except  on  a  different  color  of  paper,  with 
the  ballot  to  be  used  at  the  election,  and  shall  furnish 
copies  of  the  same,  on  application,  to  registered  voters,  at 
his  office  for  at  least  five  days  before  the  date  fixed  for 
such  election,  and  shall  mail  one  such  ballot  to  each  voter 
entitled  to  vote  at  such  election,  so  that  all  of  said  sample 
ballots  shall  have  been  mailed  at  least  five  whole  days 
before  said  election. 

General  Election 

Sec.  84.  There  shall  be  two  candidates  nominated  for 
each  officer  to  be  elected  and  such  number  of  candidates 
as  may  receive  a  higher  number  of  votes  than  any  other 
opposing  candidates  shall  be  the  nominees;  provided,  that 
if  there  be  any  person  who,  under  the  provisions  of  this 
article,  would  have  been  entitled  to  become  a  candidate 
for  any  office,  except  for  the  fact  that  one  or  more  other 
persons  received  an  equal  number  of  votes  therefor,  all 
such  persons  receiving  an  equal  number  of  votes  shall  like- 
wise be  candidates  for  such  office.  If,  at  any  nominating 
election,  any  candidate  for  any  office  shall  receive  a  ma- 
jority of  all  votes  cast  for  that  office,  he  shall  be  declared 
elected  to  the  said  office,  and  no  other  election  therefor 
shall  be  held.  If,  at  any  election,  no  candidate  is  elected, 
by  reason  of  a  tie  vote,  the  office  for  which  such  persons 
were  candidates  shall,  at  the  expiration  of  the  current 
term,  become  vacant. 

Informalities  in  Election 

Sec.  85.  No  informalities  in  conducting  elections  shall 
invalidate  the  same,  if  they  have  been  conducted  fairly  and 
in  substantial  conformity  to  the  requirements  of  this 
charter  and  the  ordinances  relating  thereto. 

General  Election  Regulations 

Sec.  86.  The  provisions  of  the  state  law  relating  to  the 
qualifications  of  voters,  the  manner  of  voting,  the  duties  of 
election  officers,  the  canvassing  of  returns,  and  all  other 
particulars  in  respect  to  the  management  of  elections,  so 
far  as  they  may  be  applicable  and  not  inconsistent  or  in 

27 


conflict  with  this  charter  shall  govern  all  elections.  The 
council  shall  meet  as  a  canvassing  board  and  have  the 
same  powers  and  duties  as  boards  of  supervisors. 

RECALL  ELECTIONS 

Sec.  87.  Any  ollicer  elected  or  appointed  for  a  definite 
term  may  be  recalled,  after  the  expiration  of  three  months 
fr-om  the  commencement  of  his  term,  by  the  electors  en- 
titled to  vote  for  his  successor.  When  a  petition  for  the 
recall  of  a  councilman  is  presented  signed  by  electors  of 
the  ward  which  he  represents,  equal  in  number  to  twenty- 
five  per  cent.,  or  more,  of  the  total  vote  cast  for  council- 
man in  such  ward,  at  the  last  general  election,  and  certi- 
fied by  the  clerk,  and  his  resignation  shall  not  have  been 
received,  as  herein  provided,  the  recall  of  such  councilman 
shall  be  submitted  to  a  vote  of  the  electors  of  said  ward. 
When  the  officer  sought  to  be  recalled  is  not  a  council- 
man, the  recall  of  such  officer  shall  be  signed  by  electors 
of  the  city  equal  in  number  to  twenty-five  per  cent.,  or 
more,  of  the  number  of  votes  cast  at  the  last  general 
election.  The  signatures  to  such  petition  need  not  be  all 
appended  to  one  paper. 

Sec.  88.  Petition  papers  shall  be  procured  only  from 
the  clerk,  who  shall  keep  a  sufficient  number  of  such 
blank  petitions  for  distribution,  as  herein  provided. 

Sec.  89.  Prior  to  the  issuance  of  such  petition  papers 
an  affidavit  shall  be  made  by  one  or  more  qualified  elec- 
tors and  filed  with  the  clerk,  stating  the  name  and  office 
of  the  officer  sought  to  b  eremoved.  The  clerk,  upon  issu- 
ing such  petition  papers  to  an  elector,  shall  enter,  in  a 
record  to  be  kept  in  his  office,  the  name  of  the  elector  to 
whom  issued,  the  date  of  such  issuance,  and  the  number 
of  papers  issued,  and  shall  certify  upon  such  paper  the 
name  of  the  elector  to  whom  issued  and  the  date  of  the 
issuance.  No  petition  paper  so  issued  shall  be  accepted  as 
a  part  of  a  petition  unless  it  bears  such  certificate  of  the 
clerk  and  unless  it  be  filed  as  provided  herein. 

Sec.  90.  Each  signer  of  a  recall  petition  shall  sign  his 
name  in  ink  or  indelible  pencil  and  shall  place  thereon 
after  his  name  his  place  of  residence  by  street  and  number. 
To  each  such  petition  paper  shall  be  attached  an  affidavit 
of  the  circulator  thereof,  stating  the  number  of  signers  to 
such  part  of  the  petition  and  that  each  signature  appended 
to  the  paper  was  made  in  his  presence  and  is  the  signature 
of  the  person  whose  name  it  purports  to  be. 

Sec.  91.  All  papers  comprising  a  recall  petition  shall  be 
assembled  and  filed  with  the  clerk  as  one  instrument  with- 
in thirty  days  after  the  filing  with  the  clerk  of  the  affidavit 

28 


stating  the  name  and  office  of  the  officer  sought  to  be  re- 
moved. Within  ten  days  from  the  date  of  the  fihng  of 
such  petition,  the  clerk  shall  determine  the  sufficiency 
thereof  and  attach  thereto  a  certificate  showing  the  result 
of  his  examinr.tion.  If  the  clerk  shall  certify  that  the  peti- 
tion is  insufficient,  he  shall  set  forth  in  the  certificate  the 
particulars  in  which  the  petition  is  defective,  and  shall 
return  a  copy  of  the  certificate  to  the  circulator  thereof. 

Sec.  92.  Such  recall  petition  ma}'  be  amended  at  any 
time  within  twenty  days  after  the  making  of  the  certificate 
of  insufficiency  by  the  clerk,  by  filing  a  supplementary  pe- 
tition upon  an  additional  petition  paper,  issued,  signed  and 
filed  as  provided  herein  for  the  original  petition.  The  clerk 
shall,  within  ten  days  after  such  amendment  is  filed,  make 
like  examination  of  the  amended  petition,  and  if  his  certi- 
ficate shall  show  the  same  to  be  still  insufficient,  he  shall 
return  it  to  the  person  designated  in  such  petition  to  de- 
ceive it,  without  prejudice,  however,  to  the  filing  of  a  new 
petition  for  the  same  purpose. 

Sec.  93.  If  a  recall  petition  or  amended  recall  petition 
shall  be  centified  by  the  clerk  to  be  sufficient,  he  shall  at 
once  submit  the  same  with  his  certificate  to  the  council 
and  notify  the  officer  sought  to  be  recalled  of  such  action. 
If  the  official  whose  removal  is  sought  does  not  resign 
within  five  days  after  such  notice,  the  council  shall  there- 
upon oixler  and  fix  a  day  for  holding  a  recall  election. 
Such  election  shall  be  held  not  less  than  forty  nor  more 
than  sixty  days  after  the  petition  has  been  presented  to 
the  council,  at  the  same  time  as  any  other  general  or 
special  election  which  may  be  held  within  such  period; 
if  no  such  election  be  held  with  such  period,  the  council 
shall  call  a  special  recall  election  to  be  held  within  the  time 
aforesaid. 

Sec.  94.  The  form  of  ballots  used  in  recall  elections, 
the  method  of  marking  and  counting  such  ballots,  and  de- 
termining and  declaring  the  result  of  such  election  shall 
conform  to  the  provisions  of  this  charter,  relating  to  regu- 
lar elections. 

Sec.  95.  Nominations  of  candidates  to  succeed  any  offi- 
cer whose  removal  is  sought  and  the  election  of  his  suc- 
cessor shall  be  made  in  the  manner  provided  for  nominat- 
ing, elections  and  general  elections. 

Sec.  96.  If  recalled  his  successor  shall  hold  office  dur- 
ing the  unexpired  term.  If  the  successor  fails  to  qualify 
within  ten  days  after  receiving  notice  of  his  election,  the 
office  shall  thereupon  be  vacant. 

Sec.  97.     An  officer  removed  from  office  bv  recall  elec- 


tion,  or  who  shall  resign  from  such  otlice  pending  recall 
proceedings  against  him,  sliall  he  ineligible  to  hold  the 
same  office  within  two  years  after  such  recall  or  resigna- 
tion. 

ARTICLE  VIll. 

JUDICIAL   DEPARTMENT 

Police  Court 

Sec.  98.  There  is  hereby  created  in  and  for  the  city  of 
Bakersfield  a  court,  which  shall  be  known  as  the  police 
court  of  the  city  of  Bakersfield. 

Qualification  of  Judge 

Sec.  99.  Said  court  shall  have  one  judge,  who  shall  be 
appointed  by  the  council  for  the  term  of  two  years  and 
until  his  successor  shall  be  appointed  and  qualified.  The 
judge  of  said  police  court  shall  be  subject  to  removal  only 
he  recall  in  the  manner  provided  in  this  charter  for  the 
recall  of  elective  officers. 

Exclusive  Jurisdiction 

Sec.  100.  The  said  court  shall  have  exclusive  jurisdic- 
tion; 

1.  In  all  criminal  prosecutions  of  misdemeanors,  under 
this  charter,  or  ordinances  of  the  city; 

2.  In  all  actions  for  the  recovery  of  any  fine,  penalty 
or  forfeiture,  for  the  enforcement  of  any  obligation  or 
liability  prescribed  or  created  by  the  city  ordinances,  in 
which  the  sum  sued  for,  exclusive  of  interest,  does  not 
amount  to  three  hundred  dollars. 

Concurrent  Jurisdiction  With  Justices'  Court 

Sec.  101.  Within  the  city  limits  said  court  shall  have 
concurrent  and  coordinate  jurisdiction  with  township  jus- 
tices' courts,  in  case  of  misdemeanor,  in  which  said  jus- 
tices' courts  now  or  may  hereafter  have  jurisdiction. 

Appeals 

Sec.  102.  Appeals  may  be  taken  to  the  superior  court 
of  the  State  of  California,  in  and  for  the  county  of  Kern, 
from  the  judgments  and  orders  of  said  police  court,  in  all 
cases  in  which  appeals  now  or  may  hereafter  be  taken 
to  said  superior  court,  from  said  justices'  courts  and  po- 
lice courts. 

Proceedings  on  Appeal 

Sec.  103.  In  all  proceedings  in  and  appeals  from  said 
police  court,  the  pleadings,  practice,  procedure  and  laws 

30 


now  applicable  or  that  may  hereafter  be  made  applicable 
to  said  justice  courts,  are  hereby  adopted  and  made  ap- 
plicable to  said  police  court. 

Inability  of  Judge  to  Act 

Sec.  104.  Upon  the  sickness,  absence  or  inability  to  act 
of  the  judge  of  said  police  court,  he  shall  cause  to  preside 
in  his  place  anj^  qualified  justice  of  the  peace  or  judge  of 
any  other  inferior  court  of  the  county  of  Kern. 

Proceedings  as  in  Justice  Courts 

Sec.  105.  All  provisions  of  law  relating  to  justices  of 
the  peace  and  justices'  courts,  including  appeals,  are  here- 
by made  applicable  to  said  police  court;  and  said  court  and 
said  judge  shall  have  all  powers  and  jurisdiction  now  or 
hereafter  conferred  by  law  upon  justices'  courts,  police 
courts  or  justices  of  the  peace  in  criminal  cases. 

Fines  Paid  Into  General  Fund 

Sec.  106.  All  fines  imposed  and  collected  by  the  police 
court,  and  not  otherwise  appropriated  by  the  general  law 
of  the  state,  shall  be  paid  into  the  general  fund  of  the  city. 
The  council  shall  provide  a  courtroom  and  courtroom 
accommodations,  dockets,  blanks  and  stationery. 

Violation  of  State  Laws 

Sec.  107.  Police  officers  of  the  city  shall  have  authority 
and  it  shall  be  their  duty  to  make  arrests  for  all  violations 
of  any  of  the  laws  of  the  State  of  California. 

ARTICLE  IX. 

PUBLIC  UTILITIES 

Ownership 

Sec.  108.  It  is  hereby  declared  to  be  the  purpose  and 
intention  of  the  people  of  the  city  of  Bakersfield  that  such 
public  utilities  as  shall  be  deemed  best  for  the  interest  of 
the  people  shall  be  acquired  by  purchase,  condemnation  or 
construction,  and  owned  and  operated  by  the  city. 

Control  and  Fixing  of  Rates 

Sec.  109.  The  power  to  control  the  operation  of,  and 
to  fix  rates  to  be  charged  by,  public  utiHties  shall  be  in  the 
railroad   commission   of  the  State  of  California,  or  such 

31 


commission  or  tribunal  as  may  exercise  the  powers  now 
vested  in  the  railroad  commission  of  California,  until  the 
electors  shall,  at  a  special  election,  vest  said  powers  in  the 
council. 

Plan  Submitted  to  Voters 

Sec.  110.  Tlic  council  shall,  upon  petition  of  electors 
equal  in  number  to  not  less  than  thirty-five  per  cent,  of 
the  votes  cast  at  the  last  general  municipal  election,  sub- 
mit as  separate  questions,  lay  ordinance,  to  the  electors  of 
the  city,  at  any  general  municipal  election  thereof,  a  plan 
for  the  acquisition  of  one  or  more  public  utilities  and  its 
adoption  and  the  issuance  of  bonds  of  the  city  for  the 
payment  therefor. 

Estimate  of  Cost 

Sec.  111.  Before  submitting  for  adoption  any  plan  for 
the  construction  and  establishment  of  a  public  utility,  the 
council  shall  cause  to  be  ascertained  and  made  an  esti- 
mate of  the  cost  at  which  such  public  utility  can  be  con- 
structed or  acquired. 

Contents  of  Ordinance  Calling  Election 

Sec.  112.  The  ordinance  calling  such  election  shall  con- 
tain a  statement  of  the  plan  proposed  for  the  acquisition 
of  such  public  utility  or  utilities,  naming  the  same,  the 
estimated  cost  or  price  thereof,  and  shall  otherwise  con- 
form to  the  provisions  of  this  charter  governing  the  calling 
and  holding  of  elections  for  the  insuring  of  bonded  in- 
debtedness, and  the  law  for  holding  of  elections  therefor. 

Operation 

Sec.  113.  In  the  event  the  city  should  acquire  one  or 
more  public  utilities,  the  operation  of  the  same  shall  be 
under  the  supeiwision  of  the  city  manager. 

Property  Rights  of  City  Inalienable 

Sec.  114.  The  rights  of  the  city  in  and  to  its  public 
buildings,  streets,  highways,  public  parks  and  all  other 
public  places  owned  or  controlled,  except  as  otherwise 
provided  in  this  charter,  are  hereby  declared  inalienable 
and  no  franchise,  permit  or  privilege  granted  shall  be 
construed  as  carr^-ing  the  right  to  cut.  trim,  break  or  de- 
stroy any  shade  , ornamental  or  other  tree  on  or  in  the 
parking  space  of  any  street  or  public  park. 

Granting  Franchise 

Sec.  115.  No  franchise  shall  be  granted  by  the  council 
unless  as  otherwise  especially  provided  in  this  charter,  but 

32 


may  be  granted  by  the  electors  by  ordinance  passed  by 
referendum  vote  at  any  general  election,  or  at  a  special 
election,  provided  that  no  franchise  shall  be  granted  for  a 
longer  term  than  twenty-five  years,  and  no  exclusive  fran- 
chise, permit  or  privilege  shall  be  granted. 

Public  Utilities 

Sec.  116.  No  person,  firm  or  corporation  shall  ever 
exercise  any  franchise,  permit  or  privilege  mentioned  in 
this  article,  except  in  so  far  as  the  holder  thereof  may  be 
entitled  to  do  so  by  direct  authority  of  the  constitution  of 
California,  or  of  the  constitution  or  laws  of  the  United 
States,  in,  upon,  over,  under  or  along  any  street,  highway 
or  other  public  property  in  the  city,  unless  a  grant  there- 
for shall  have  been  obtained  in  accordance  with  the  pro- 
visions of  this  article. 

Application  for  Franchise 

Sec.  117.  An  applicant  for  a  franchise,  permit  or  privi- 
lege, shall  file  with  the  council  written  application  therefor 
which  must  state  the  character  and  purpose  of  the  fran- 
chise, permit  or  privilege  applied  for;  and  if  it  be  a  street 
railroad,  the  route  to  be  traversed.  Said  application  shall 
be  accompanied  by  a  petition,  signed  bj'  electors,  equal 
in  number  to  at  least  twenty  per  centum  of  the  votes  cast 
at  the  last  preceding  general  election,  asking  that  an  ordi- 
nance granting  the  franchise  be  submitted  to  the  vote  of 
the  electors  of  the  city. 

Advertisement 

Sec.  118.  The  council,  upon  receipt  of  such  application 
and  petition  as  provided  in  the  foregoing  section,  shall 
publish  a  notice  of  said  application  and  petition  in  a  daily 
newspaper  of  general  circulation  in  the  city,  as  often  as 
said  paper  is  published,  for  ten  successive  publications. 
Said  notice  must  refer  to  the  petition  and  application  in 
fun,  and  state  the  time  prior  to  which,  ine  place  where 
and  the  person  to  wnom,  sealed  bids  for  sucn  franchise 
may  be  delivered,  and  the  time  and  place  the  same  will 
be  opened  and  published,  and  that  an  ordinance  will  be 
submitted  to  a  vote  of  the  electors  of  the  city,  awarding 
the  franchise,  permit  or  privilege  to  the  bidder  offering  to 
pay  to  the  city,  during  the  life  of  the  franchise,  permit 
or  privilege,  the  highest  percentage  of  the  gross  annual 
receipts  received  from  the  use,  operation  or  possession,  of 
the  franchise,  permit  or  privilege,  provided  that  such  per- 

33 


percentage  be  not  less  than  three  per  centum  of  the  said 
gross  annual  receipts  for  the  entire  life  of  the  franchise, 
permit  or  privilege. 

Bidding  for  Franchise 

Sec.  119.  At  the  time  of  opening  the  sealed  bids,  any 
responsible  person,  firm,  or  corporation  may  bid  for  such 
franchise,  permit  or  privilege  not  less  than  one-half  of  one 
per  cent,  of  the  gross  annual  receipts  for  the  entire  term 
of  the  franchise,  above  the  highest  sealed  bid  therefor,  and 
such  bid  so  made  may  be  raised  not  less  than  one-half 
of  one  per  cent,  of  the  gross  annual  receipts  for  such 
entire  term  by  any  other  responsible  bidder,  and  such  bid- 
ding shall  continue  until  there  are  no  further  bids,  then 
the  council  shall  submit,  within  not  less  than  thirty  days 
and  not  more  than  one  hundred  twenty  days  thereafter, 
to  the  electors  an  ordinance  granting  a  franchise  to  the 
liighest  bidder  in  accordance  with  the  application  and  pe- 
tition. 

Division  of  Receipts 

Sec.  120.  If  the  franchise,  permit  or  privilege  is  for  a 
street  railroad  which  shall  extend  beyond  the  limits  of  the 
city  of  Bakersfield,  then  and  in  that  case  the  percentage  of 
the  gross  receipts  above  specified  shall  be  fixed  by  ordi- 
nance. 

Deposit  As  Guarantee  of  Good  Faith 

Sec.  121.  Every  applicant  or  bidder  for  franchise,  per- 
mit or  privilege  under  this  article,  shall  deposit  $2,000.00 
or  a  certified  check  therefor,  payable  to  the  city  treasurer, 
certified  to  by  some  responsible  bank,  in  Kern  county,  as 
a  guarantee  of  the  good  faith  of  the  applicant  or  bidder, 
and  as  a  fund  out  of  which  to  pay  all  expenses  connected 
with  such  application  and  the  granting  of  such  franchise, 
permit  or  privilege.  All  deposits  made  by  unsuccessful 
bidders  shall  be  returned.  Deposit  of  the  successful  bid- 
der shall  be  retained,  until  the  approval  and  filing  of  the 
bond  hereinafter  provided  for,  whereupon  the  remainder 
of  such  deposit,  after  the  payment  therefrom  of  all  ex- 
penses incurred  by  the  city  in  connection  with  the  adver- 
tising and  awarding  of  such  franchise,  permit  or  privilege, 
including  the  expense  of  a  special  election,  where  such 
special  election  was  held  for  the  purpose  of  granting  the 
said  franchise,  shall  be  returned. 

Filing  of  Bonds 

Sec.  122.  The  grantee  of  any  franchise,  permit  or 
privilege,  shall  file  a  bond  running  to  the  city,  to  be  ap- 

u 


proved  by  the  council,  in  the  penal  sum  prescribed  by  the 
council,  and  set  forth  in  the  advertisements  for  bids,  con- 
ditioned that  such  bidder  shall  well  and  truly  obsei've  and 
faithfully  perform  each  and  every  term  and  condition  of 
such  franchise,  permit  or  privilege  and  that  in  case  of 
any  breach  of  condition  of  such  bond,  the  whole  amount 
of  the  penal  sum  therein  named  shall  be  taken  and  deemed 
to  be  liquidated  damages  and  shall  be  recoverable  from  the 
principal  and  surety  upon  such  bond;  provided,  however, 
that  the  legislative  body  of  the  city  shall  have  power  to 
waive  action  on  the  bond,  and  in  lieu  thereof,  declare 
the  franchise  forfeited.  In  case  such  bond  be  not  so  fded, 
within  thirty  days  after  the  result  of  the  election  awarding 
the  franchise  has  been  othcially  declared  by  the  council, 
the  award  of  such  franchise,  permit  or  privilege  shall  be 
set  aside  and  any  money  deposited  in  connection  with  the 
awarding  of  the  franchise,  permit  or  privilege  shall  be 
forfeited. 

Beginning  and  Completion  of  Work 

Sec.  123.  Construction  work  under  any  franchise,  per- 
mit or  privilege  granted,  in  accordance  with  the  terms  of 
this  article,  shall  be  commenced  in  good  faith,  within  not 
more  than  four  months  from  the  date  of  the  taking  effect 
of  the  ordinance,  and  if  not  so  commenced  within  said 
time,  said  franchise,  permit  or  jjrivilege  shall  be  forfeited. 
Work  under  any  franchise,  permit  or  nrivilege  so  gnuited 
shall  be  completed  within  the  time  fixed  for  such  com- 
pletion in  the  ordinance  granting  such  franchise,  permit 
or  privilege  ,and  if  not  so  completed  within  said  time,  such 
franchise,  permit  or  privilege  shall  be  forfeited;  provided, 
that  if  good  cause  be  shown,  the  council  may,  bv  resolu- 
tion, extend  the  time  for  completion  thereof;  and  provided, 
further,  that  the  limitations  and  provisions  thereof,  as  to 
the  time  within  which  work  shall  be  completed  shall  not 
apply  to  the  extensions  of  service  under  franchises,  per- 
mits, or  privileges,  other  than  for  railroads,  street  rail- 
roads or  interurban  railroads. 

Service  and   Accommodation 

Sec.  124.  The  grant  of  every  general  munncipal  fran- 
chise, permit  or  privilege  shall  be  subject  to  the  right  of 
the  city,  whether  or  not  reserved  in  such  grant,  to  make 
all  regulations  which  shall  be  necessary  to  secure  in  the 
most  ample  manner  the  safety,  welfare  and  accommoda- 
tion of  the  public,  including  the  right  to  pass  and  enforce 
ordinances  for  the  extension  of  service  and  to  protect  the 
public  from  danger  or  inconvenience  in  the  operation  of 
any  work  or  business  authorized  by  the  grant  of  the  fran- 

P.5 


cliisc,  permit  or  privilei^e.  anci  the  right  to  make  and 
enforce  all  such  rei^ulations  as  shall  be  reasonably  neces- 
sary to  secure  adequate,  sutficient  and  proper  service  and 
accommodations  for  the  people  and  insure  their  safety, 
comfort  and  convenience.  Nothing  in  this  section  shall 
be  construed  as  contlicting  with  section  109  of  tliis  charter. 
All  United  States  mail  carriers,  when  in  uniform,  and  all 
policemen  and  mtinburs  of  the  tire  department,  while  in 
actual  discharge  of  their  duties,  shall  be  allowed  to  ride 
in  all  cars  of  street  railroads  within  the  boundaries  of  the 
city,  without  paying  fare  and  with  all  rights  of  other  pas- 
sengers. 

Lease  or  Assignment  of  Franchise 

Sec.  125.  The  council  shall  not  pass  an  ordinance  per- 
mitting the  leasing  or  alienation  of  any  franchise,  so  as 
to  relieve  the  franchise  or  property  held  thereunder,  from 
the  liabilities  by  the  lessor  or  grantor,  lessee  or  grantee, 
contracted  or  incurred  in  the  operation,  use  or  enjoyment 
of  such  franchise  or  any  of  its  privileges. 

Street  Pa\ing 

Sec.  126.  Every  grant  of  any  francliise,  for  a  street  or 
other  railway,  shall  be  subject  to  the  conditions  that  per- 
son, firm  or  corporation  exercising  or  enjoying  the  same 
shall  plank  or  r-eplank.  pave  or  repave,  macadamize,  or 
remacadamize  the  entire  length  of  the  street,  highway  or 
other  public  place  used  by  the  track  or  tracks  of  such 
railway,  and  two  feet  each  side  thereof,  and  between  the 
tracks,  if  there  be  more  than  one,  and  keep  the  same  in 
repair  and  flush  with  the  surface  of  the  street.  Such  street 
work  must  be  done  with  such  materials  and  in  such  man- 
ner as  the  council  may  by  ordinance  direct,  at  the  same 
time  and  as  part  of  the  same  operation  as  the  work  on 
the  remainder  in  width  of  said  street,  highway  or  other 
public  place,   to   the   satisfaction  of   the  city  manager. 

Examination  of  Company's  Books 

Sec.  127.  All  ordinances  granting  francliise,  permits, 
or  privileges  under  this  article,  shall  provide  that  the 
grantee,  his  successors  or  assigns,  shall  keep,  in  such  man- 
ner as  the  council  may  from  time  to  time  require,  vouch- 
ers, records,  and  books  of  accounts.  The  city  shall  have 
the  right,  at  all  reasonable  times,  to  examine  all  the  books, 
vouchers,  records  and  other  papers,  of  all  holders  exer- 
cising or  enjoying  any  franchise,  permit  or  privilege  under 
this  article.  Refusal  to  keep  said  books,  vouchers  and 
records,  in  the  manner  provided  above,  or  to  produce  the 
same  at  any  reasonable  time  for  examination,  by  the  clerk, 

36 


accountant,  or  other  agents,  appointed  by  the  council,  shall 
work  a  forfeiture  of  the  said  franchise,  permit  or  prvil- 
lege. 

Annual  Report  of  Company 

Sec.  128.  Every  holder,  or  operator,  of  any  business 
under  a  franchise,  permit  or  privilege  granted  under  this 
article  shall  file  annually  with  the  city  clerk,  on  such  date 
as  shall  be  fixed  by  the  council,  a  report  for  the  preceding 
year.  Such  report  shall  be  in  writing,  verified  by  the  atfi- 
davit  of  such  person  or  persons,  or  olficer  of  the  corpora- 
tion, as  the  council  shall  direct,  and  shall  contain  a  state- 
ment, in  such  form  and  details  as  shall  from  time  to  time 
be  prescribed  by  the  council,  of  all  the  gross  receipts 
arising  from  all  the  business  done  under  said  franchise, 
permit  or  privilege,  within  the  city  for  the  year  imme- 
diately preceding  such  report.  Such  report  shall  contain 
such  further  information  as  may  be  required  by  the  coun- 
cil concerning  the  character  and  amount  of  business 
done  under  said  franchise,  permit  or  privilege,  and  the 
amount  of  receipts  and  expenses  connected  therewith, 
and  also  an  itemized  account  of  the  money  expended 
under  said  franchise,  permit  or  privilege,  for  new  con- 
struction, repairs  and  betterments  during  the  year.  The 
council  shall  have  power  to  call  for  a  special  report,  at 
any  time  covering  any  specific  period. 

Books  of  Records  and  Reference 

Sec.  129.  The  council  shall  provide  and  cause  to  be 
kept  in  the  office  of  the  city  clerk  a  franchise  record, 
indexed,  and  of  proper  form,  in  which  shall  be  transcribed 
accurate  and  correct  copies  of  all  franchises,  permits,  or 
privileges  granted  by  the  city,  the  names  of  the  grantees, 
and  thereafter  the  name  of  any  assignee  or  lessee  thereof. 

Payment  of  Gross  Receipt 

Sec.  130.  The  stipulated  percentage  of  gross  receipts 
provided  in  this  charter  to  be  paid  for  the  use  and  enjoy- 
ment of  any  franchise,  permit  or  privilege  as  set  forth  in 
the  ordinance  granting  such  franchise,  permit  or  privilege, 
shall  be  paid  annually  by  the  holders  thereof,  at  the  time 
of  filing  the  annual  report  provided  for  in  this  charter. 
Failure  to  pay  such  percentage  shall  work  a  forfeiture  of 
the  franchise. 

Franchise  for  Railroads  Other  Than  Street  Railroads 

Sec.  131.  Franchises,  permits  or  privileges  may  be 
granted  by  the  council,  for  the  construction,  maintenance 
and    operation    of    railroads    other    than    street    railroads, 

37 


along,  upon,  over,  in,  under  or  across  any  street  or  streets, 
or  other  public  places  in  the  city,  upon  petition  therefor 
provided  for  street  railroads,  but  no  action  shall  be  taken 
upon  any  such  application  or  petition,  until  30  days  after 
the  same  has  been  filed.  If  within  that  time  a  petition  is 
filed  and  signed  by  the  electors  of  the  city,  equal  in  num- 
ber to  ten  per  centum,  or  more,  of  the  total  votes  cast  at 
the  last  general  election,  praying  that  the  granting  of  said 
franchise  be  referred  to  a  vote  of  the  electors  of  the  city, 
said  application  shall  be  so  referred  under  same  provi- 
sions governing  the  granting  of  franchise  for  street  rail- 
roads. 

Franchises  for  Siding  and  Spurs 

Sec.  132.  Franchises  for  temporary  spurs  or  side 
tracks  may  be  granted  for  not  more  than  one  year  by  the 
council  upon  the  same  notice  as  provided  in  the  foregoing 
section,  and  may  be  revoked  when  the  purpose  for  which 
granted  shall  cease. 

Ice  a  Public  Utility 

Sec.  133.  Ice  being  a  necessity  in  the  city  of  Bakers- 
field,  the  manufacture,  sale  and  distribution  thereof  is 
hereby  declared  to  be  a  public  utility,  and  the  city  shall 
have  and  is  hereby  given  the  power  to  purchase  or  manu- 
facture, and  sell  and  distribute  ice  the  same  as  any  other 
public  utility. 

ARTICLE  X 

PUBLIC  WORK  AND  SUPPLIES 

Form  of  Contracts 

Sec.  134.  All  contracts  shall  be  drawn  under  the  super- 
vision of  the  city  attorney.  All  contracts  must  be  in  writ- 
ing, executed  in  the  name  of  the  city  of  Bakcrsfield,  by 
an  officer  or  officers  authorized  to  sign  the  same,  and 
must  be  countersigned  by  the  auditor,  who  shall  number 
and  register  the  same  in  a  book  kept  for  that  i)urpose. 

Progressive  Payments  of  Contracts 

Sec.  135.  Any  contract  may  provide  for  progressive 
payments  if  in  the  ordinance  authorizing  or  ordering  the 
work  permission  is  given  for  such  payment.  But  no  pro- 
gressive payments  can  be  provided  for  or  made  at  any 
time  which,  with  prior  payments,  if  there  have  been  such, 
shall  exceed  in  amount  at  time  seventy-five  per  cent,  of 
the  value  of  the  labor  done  and  the  materials  used  up  to 
that  time,  and  no  contract  shall  provide  for  or  authorize 

38 


or  permit  the  payment  of  more  than  seventy-five  per  cent, 
of  the  contract  price  before  tlie  completion  and  acceptance 
of  the  work. 

Public  Work  to  Be  Done  By  Contract 

Sec.  136.  In  the  erection,  improvement  and  repair  of 
all  public  buildings  and  works,  and  in  furnishing  any 
supplies  and  materials  for  the  same,  or  for  any  other  use 
by  the  city,  when  the  expenditure  required  for  the  same- 
exceeds  the  sum  of  five  hundred  dollars,  the  same  shall  be 
done  by  contract,  and  shall  be  let  to  the  lowest  responsi- 
ble bidder,  after  advertising  for  sealed  proposals  for  the 
work  contemplated  for  five  consecutive  days  in  the  official 
newspaper.  Such  notice  shall  state  the  proposed  work  to 
be  done  as  provided  by  the  council;  provided,  however, 
the  council  may  reject  any  and  all  bids,  if  deemed  exces- 
sive, and  readvertise  for  bids,  or  provide  for  the  work  to 
be  done  under  the  direction  of  the  city  manager.  In  case 
no  bid  is  received,  the  council  may  likewise  provide  for 
the  work  to  be  done  under  the  direction  of  the  city 
manager. 

Contracts  for  Official  Advertising 

Sec.  137.  The  council  shall  let  annually  contracts  for 
the  official  advertising  for  the  ensuing  fiscal  year.  For 
this  purpose  the  council  shall  advertise  five  consecutive 
days,  setting  forth  distinctly  and  specifically  the  work  con- 
templated to  be  done,  and  asking  for  scaled  bids  therefor. 
The  proposals  shall  specify  the  type  and  spacing  to  be 
used  at  the  rate  or  rates  named  in  the  bids.  The  council 
shall  let  the  contracts  for  such  official  advertising  to  the 
lowest  responsible  bidder,  publishing  a  daily  newspaper 
in  the  city  which  is  qualified  under  the  laws  of  the  State 
of  California  for  the  publication  of  official  advertising, 
provided  that  the  council  may  reject  any  or  all  bids  if 
found  excessive,   and  advertise  for  new  bids. 

Official  Newspaper 

Sec.  138.  The  newspaper  to  which  the  award  of  such 
advertising  is  made  shall  be  knowm  and  designated  as  the 
"official  newspaper." 

Contracts  for  Lighting 

Sec.  139.  No  contract  for  lighting  streets,  public  build- 
ings, places  or  offices  shall  be  made  for  a  longer  period 
than  one  year,  nor  shall  any  contract  to  pay  for  electric 

39 


light  or  any  illumination  material  at  a  higher  late  than 
the  minimum  price  charged  to  any  other  consumer  be 
valid. 

Collusion  With  Bidder 

Sec.  140.  Any  officer  of  the  city,  or  of  any  department 
thereof,  who  shall  aid  or  assist  a  bidder  in  securing  a  con- 
tract to  furnish  labor,  material  or  supplies  at  a  higher 
price  than  that  proposed  by  any  other  bidder  or  who  shall 
favor  one  bidder  over  another  by  giving  or  withholding 
information  or  who  shall  wilfully  mislead  any  bidder  in 
regard  to  the  character  of  the  material  or  supplies  called 
for,  or  who  shall  knowingly  accept  materials  or  supplies 
of  a  quality  inferior  to  those  called  for  by  the  contract,  or 
who  shall  knowingly  certify  to  a  greater  amount  of  labor 
performed  than  has  actually  been  performed,  or  to  the 
receipt  of  a  greater  amount  or  different  kind  of  material 
or  supplies  than  has  been  actually  received,  shall  be 
deemed  guilty  of  malfeasance  and  shall  be  removed  from 
office. 

Collusion  by  Bidder 

Sec.  141.  If  the  person  to  whom  a  contract  has  been 
awarded  has  colluded  with  any  other  party  or  parties  for 
the  purpose  of  preventing  any  other  bid  being  made,  the 
contract  so  awarded  shall  be  void. 

Hours  and  Minimum  Wages 

Sec.  142.  The  time  of  service  of  any  laborer,  workman 
or  mechanic  employed  upon  any  of  the  public  works  of 
the  city,  or  upon  work  done  for  said  city,  is  hereby  limited 
and  restricted  to  eight  hours  during  any  one  calendar 
day  ;and  it  shall  be  unlawful  for  any  officer,  or  agent  of 
said  city,  or  for  any  contractor  or  subcontractor  doing 
work  under  contract  upon  any  public  work  aforesaid,  who 
employs,  or  who  directs  or  controls,  the  work  of  any  la- 
borer, workman  or  mechanic  employed  as  herein  afore- 
said, to  require  or  permit  such  laborer,  workman,  or  me- 
chanic to  labor  more  than  eight  hours  during  any  one 
calendar  day,  except  in  cases  of  extraordinary  emergency, 
caused  by  fire,  flood,  or  danger  to  life  or  property,  or  ex- 
cept to  work  upon  any  public,  military  or  naval  defenses 
or  works  in  time  of  war.  Tlie  minimum  wage  of  any 
laborer,  workman  or  mechanic,  employed  upon  any  public 
work,   whether  so  employed  directly  by  the   city  and   its 

40 


otliceis,  or  by  contractor  or  subcontractor,  or  by  any  other 
person  or  persons,  shall  be  three  dollars  for  any  one  calen- 
dar day. 

Penalty  for  Violation 

Sec.  143.  Any  otficer  or  agent  of  the  city  of  Bakers- 
field,  making  or  awarding,  as  such  officer  or  agent,  anj^ 
contract,  the  execution  of  which  involves  or  may  involve 
the  employment  of  any  laborer,  workman,  or  mechanic 
upon  any  of  the  public  works,  or  upon  work  done  for  the 
city,  shall  cause  to  be  inserted  therein  a  stipulation  which 
shall  provide  that  the  contractor  to  whom  said  contract 
is  awarded,  shall  forfeit  as  a  penalty,  to  the  city,  ten 
dollars,  for  each  laborer,  workman,  or  mechanic  employed, 
in  the  execution  of  said  contract,  by  him,  or  by  any  sub- 
contractor under  him,  upon  any  of  the  public  works,  or 
upon  any  work  done  for  the  city,  for  each  calendar  day 
during  which  such  laborer,  workman,  or  mechanic  is  re- 
quired or  permitted  to  labor  more  than  eight  hours,  or  for 
less  than  the  minimum  wage  of  three  dollars  in  violation 
of  the  provisions  of  this  charter;  and  it  shall  be  the  duty 
of  such  officer  or  agent  to  take  cognizance  of  all  violations 
of  the  provisions  of  this  charter  committed  in  the  course 
of  the  execution  of  said  contract,  and  to  report  the  same 
to  the  representative  of  the  city,  party  to  the  contract, 
authorized  to  pay  said  contractor  moneys  becoming  due 
to  him  under  said  contract,  and  said  representative,  when 
making  payments  of  moneys  thus  due,  shall  retain  and 
withhold  therefrom  all  sums  and  amounts  which  shall 
have  been  forfeited  pursuant  to  the  herein  said  stipulation. 
Any  officer,  agent  or  representative  of  the  city,  who  shall 
violate  any  of  the  provisions  of  this  section,  shall  be 
deemed  guilty  of  misdemeanor,  and  shall,  upon  convic- 
tion, be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  bv  imi)risonment.  not  exceeding  six  months,  or 
by  both. 

Employment  of  Citizens   of  Bakersfield 

Sec.  144.  When  laborers,  ^^'orkmen  or  mechanics,  are 
employed  upon  any  public  work,  whether  so  employed 
directly  by  the  city  and  its  officers,  or  by  contractor  or 
subcontractor,  or  by  any  other  person  or  presons,  such 
laborers,  workmen  or  mechanics  whenever  possible  must 
be  ([ualified  electors  of  the  city,  and  married  men  must 
be  given  |)reference  over  unmarried  men. 

ARTICLE  XI. 

PUBLIC  SCHOOLS 

Membership 

Sec.  145.  The  board  of  education  shall  consist  of  five 
members,  elected  at  the  general  election  on  a  general  ticket 

41 


from  the  city  at  large,  arrangements  shall  be  made  so 
that  voters  iTsiding  within  the  limits  of  the  Bakersfield 
school  district  and  without  the  limits  of  the  city  of  Bakers- 
field  may  vote  for  such  school  directors  at  such  election. 

Eligibility 

Sec.  146.  Members  of  the  board  of  education  and  can- 
didates therefor  must  be  electors  of  the  city  of  Bakersfield 
for  three  years  next  preceding  nomination. 

Term   of  Office 

Sec.  147.  Members  of  the  board  of  education  shall  hold 
office  for  a  term  of  four  years  from  and  after  the  first 
day  of  May  after  their  election  and  until  their  successors 
are  elected  or  appointed  and  qualified,  unless  sooner  re- 
moved bj'  recall  or  otherwise;  provided,  that  the  members 
of  the  board  of  education  first  elected  under  this  charter 
shall,  at  their  first  meeting,  so  classify  themselves  by  lot, 
that  two  shall  serve  for  two  years  and  three  for  four 
years. 

The  Board  of  Education 

Sec.  148.  The  boar-d  of  education  shall  have  control 
and  management  of  the  public  schools  in  the  Bakersfield 
school  district  in  accordance  wath  the  constitution  and 
general  laws  of  the  state,  and  is  hereby  vested  with  all  the 
powers  and  charged  with  all  the  duties  provided  by  this 
charter  and  by  the  general  laws  of  the  state  for  city 
boards  of  education. 

President  of  the  Board 

Sec.  149.  The  board  of  education  shall  annually  elect 
one  of  its  own  members  to  be  piTsident  of  the  board.  lie 
may  be  removed  by  the  afiirmative  vote  of  four  members. 

Meetings 

Sec.  150.  The  board  of  education  sliall  meet  at  such 
times  as  may  be  designated  by  resolution  of  said  board 
and  in  the  place  provided  therefor  by  the  council.  Tlie 
board  shall  provide  the  manner  in  which  special  meetings 
shall  be  called. 

Quorum 

Sec.  151.  Three  members  of  tlie  board  shall  constitute 
a  quorum  and  the  afiirmative  votes  of  three  members  shall 
be  necessary  to  pass  any  measure,  but  a  less  number  tlian 

42 


three  may  adjourn  from  time  to  time  and  compel  tin  ai- 
tendance  of  absent  members  in  such  manner  as  the  board 
may  prescribe. 

Rules  of  Proceedings 

Sec.  152.  The  board  of^  education  may  determine  the 
rules  of  its  proceedings. 

Meetings  to  Be  Public 

Sec.  153.  All  meetings  of  the  board  of  education  shall 
be  public. 

Annual  Estimate  of  Expenses 

Sec.  154.  The  board  of  education  shall  annually,  on 
such  date  as  shall  be  fixed  by  the  council,  submit  in  writ- 
ing to  the  council  a  careful  estimate  of  the  whole  amount 
of  money  to  be  received  from  the  state  and  county  for  the 
support  of  the  public  schools  in  the  city,  together  with  a 
careful  estimate  of  the  amounts,  specifying  in  detail  the 
objects  thereof,  required  from  the  city  for  the  adequate 
support  of  the  public  schools  for  the  ensuing  year.  Ihc 
amount  estimated  to  be  required  from  the  city,  shall,  sub- 
ject to  the  provisions  of  this  charter,  be  assessed  and  col- 
lected in  the  annual  tax  levy. 

Record  to  be  Kept 

Sec.  155.  The  board  of  education  shall  keep  a  com- 
plete record  of  its  proceedings  and  the  same  shall  be  open 
to  the  inspection  of  the  public. 

Vacancies 

Sec.  156.  Vacancies  occurring  in  the  board  of  educa- 
tion shall  be  fdled  by  the  board  of  education,  provided  that 
in  case  such  vacancy  or  vacancies  are  not  filled  within 
thirty  days  after  date  of  occurrence,  the  council  shall  illl 
such  vacancy  or  vacancies. 

Exofficio   Library  Board 

Sec.  157.  The  members  of  the  board  of  education  shall 
be  exollicio  members  of,  and  shall  constitute,  the  library 
trustees,  and  shall  have  the  powers  and  duties  prescribed 
by  the  council,  unless  herein  otherwise  given. 

ARTICLE  XII. 

MISCELLANEOUS 

Continuation  of  Officers 

Sec.  158.  The  board  of  trustees  of  the  city  of  Bakers- 
field,    under    the    present    municipal    government    thereof, 

43 


shall  be  and  is  hereby  continued  as  such  i»overning  body, 
until  the  election  and  qualification  of  members  of  the 
council,  under  this  charter.  Xo  otlicer,  commissioner,  head 
of  department,  clerk  or  employee,  appointed  before  the 
members  of  the  council  elected  at  the  first  election  have 
qualified,  shall  hold  office,  except  at  the  pleasure  of  the 
council  so  elected. 


Validity  of  Proceedings 

Sec.  159.  All  ordinances  of  the  city,  in  force  at  the 
time  this  charter  becomes  effective,  shall  be  and  remain  as 
valid  ordinances  of  the  city  of  Bakersfield,  until  amended 
or  repealed. 

Sec.  160.  All  proceedings,  all  contracts,  all  indebted- 
ness and  obligations  of  the  city,  existing  at  the  time  this 
charter  takes  effect,  including  the  expense  of  compiling 
this  charter  and  the  election  thereof,  shall  be  in  no  way 
affected  by  the  adoption  of  this  charter  or  by  the  munici- 
pal government  established  thereunder;  all  official  signa- 
tures and  seals  and  all  ministerial  or  executive  acts  of  the 
proper  officers  of  the  city,  prior  to  the  taking  effect  of  this 
charter,  shall  be  valid;  and  all  certificates,  acceptances  and 
approvals  or  receipts  of  any  ofiicer  under  the  preceding 
government,  relating  to  or  for  anything  prior  to  the  taking 
effect  of  this  charter,  shall  be  valid. 

Sec.  161.  \Yhenever  any  municipal  function  or  affair 
arises,  for  which  no  provision  is  made  by  this  charter  or 
ordinances,  the  law  of  the  state  applicable  thereto  shall 
govern.  Any  law  of  the  state  applicable  may  be  made  the 
law  of  the  city  by  ordinance. 

Sec.  162.  The  rules  of  construction  and  interpretation 
and  the  definition  of  words  and  plirases  provided  by  the 
Political  Code  of  the  State  of  California,  the  Civil  Code  of 
the  State  of  California,  the  Code  of  Civil  Procedure  of 
California  and  tlie  Penal  Code  of  California,  shall  be  and 
are  hereby  made  the  rules  of  construction  and  interpreta- 
tion and  the  (kfinitions  for  this  charter,  except  where 
otherwise  provided  herein. 

Sec.  163.  llie  following  words  have,  in  this  charter, 
the  signification  attached  to  them  in  this  connection,  un- 
less otherwise  apparent  from  the  context: 

The  word  "elector"  shall  mean  electors  imder  the  elec- 
tion law  of  California,  and  whose  names  arc  in  the  cur- 

44 


rent  great  register  of  the  county  of  Kern,  and  who  are  en- 
titled to  vote  in  the  precinct  or  ward  where  they  reside. 

"Council"  shall  mean  the  council  of  the  city  of  Bakers- 
iield,  as  the  governing  body  thereof. 

"City"  shall  mean  the  city  of  Bakersfield. 

Sec.  164.  Papers  and  petitions  addressed  to  the  coun- 
cil shall  be  deemed  presented  when  filed  with  the  clerk. 

In  witness  whereof,  We  have  hereunto  set  our  hands  at 
the  city  of  Bakersfield,  county  of  Kern,  State  of  California, 
this  thirty-first  day  of  August,  1914. 

S.  F.  SMITH 
LOUIS  V.  OLCESE 
C.  L.  TAYLOR 
JOSEPH  REDLICK 
GUS  SCHAMBLIN 
E.  A.  WHEELER 
H.  E.  METZNER 
W.  G.  HUDLOW 
E.  B.  DUNCAN 
A.  G.  LITTLE 
RAY  STEVENSON 
W.  A.  STARR 
J.  B.  CRANDALL 
ELBERT  E.  McCLURE 
GEO.  HAY 

(Endorsed) :  Filed  Sept.  3,  1914. 

A.  G.  JONES,  City  Clerk. 

STATE  OF  CALIFORNIA,  \ 

County  of  Kern,  [  ss. 

City  of  Bakersfield.         | 

I,  W.  V.  Matlack,  president  of  the  board  of  trustees  of 
the  city  of  Bakersfield,  State  of  California,  do  hereby  cer- 
tify that  I  now  am,  and  at  all  the  times  herein  mentioned 
was,  the  duly  elected,  qualified  and  acting  president  of  the 
board  of  trustees  of  said  city;  that  S.  F.  Smith,  Louis  V. 
Olcesc,  C.  L.  Taylor,  Joseph  Redlick,  Gus  Schamblin,  E.  A. 
Wheeler,  H.  E.  Metzner.  W.  G.  Hudlow,  E.  B.  Duncan, 
A.  G.  Little,  Ray  Stevenson,  W.  A.  Starr,  J.  B.  Crandall 
Elbert  E.  McClure  and  Geo.  Hay,  a  majority  of  whose 
names  appear  signed  to  the  foregoing  proposed  charter 
were,  and  each  of  them  was  on  the  5th  day  of  May,  1914, 
at  a  special  election  held  in  said  city  of  Bakersfield  on  said 

45 


day  duly  elected  by  the  (lualitied  voters  of  the  said  city  as 
a  hoard  of  freeholders  to  prepare  and  propose  a  charter 
for  said  city  of  Bakersfield;  tliat  each  of  said  persons  so 
elected  was  a  freeholder  and  was  at  the  time  of  said  elec- 
tion and  had  been  continuously  for  more  than  five  years 
immediately  prior  thereto  a  qualified  elector  of  said  city 
of  Bakersfield;  that  the  foregoing  is  a  full,  true  and  cor- 
rect copy  of  said  charter  prepared  by  said  board  of  free- 
holders, and  filed  in  the  otfice  of  the  city  clerk  of  said 
city  of  Bakersfield  on  the  3rd  day  of  September,  1914, 
and  witliin  120  days  after  the  result  of  said  election  was 
declared  by  the  said  board  of  trustees  as  required  by  the 
said  board  of  trustees  as  required  by  section  8  of  article 
XI  of  the  constitution  of  this  state;  that  said  proposed 
charter  was  then  published  in  the  Bakersfield  Californian, 
which  at  all  times  herein  mentioned  was.  and  now  is  a 
daily  newspaper  of  general  circulation,  printed,  published 
and  circulated  in  said  city  of  Bakcrefield;  that  said  ro- 
posed  charter  was  published  ten  times  in  said  newspa])er 
on  the  following  days  of  publication,  to-wit:  September  17. 
18,  19,  21,  22,  23,  24,  25,  26  and  28,  1914;  that  the  first 
publication  thereof  was  made  on  the  17th  day  of  Septem- 
ber, 1914,  and  within  fifteen  days  after  the  filing  of  a 
copy  of  said  charter  as  aforesaid  in  the  ofiice  of  the  city 
clerk  of  said  city  of  Bakersfield;  that,  as  required  by  sec- 
tion 8  article  XI  of  said  constitution,  a  special  election 
was  held  in  said  city  not  less  than  twenty  days,  nor  more 
than  forty  days  after  the  completion  of  the  publication 
of  said  charter,  to-wit:  on  the  7th  day  of  November,  1914, 
for  the  purpose  of  ratifying  said  proposed  charter  as  a 
whole;  that  by  a  majority  of  the  votes  of  the  qualified 
electors  voting  at  said  election  said  proposed  charter  was 
ratified  as  a  whole.  That  the  returns  of  said  election  were 
duly  canvassed  by  the  board  of  trustees  of  said  city  of 
Bakersfield  on  the  11th  day  of  November,  1914,  and  the 
result  thereof  declared  as  above  set  forth;  and  that  in  all 
matters  and  things  pertaining  to  said  proposed  charter 
all  provisions  of  said  section  of  the  constitution  and  the 
laws  of  the  State  of  California  ])ertaining  to  the  adoption 
of  said  charter  have  been  fully  complied  witli  in  every 
particular. 

In  witness  whereof,  1  have  hereunto  set  my  hand  and 
caused  the  coq)orate  seal  of  the  city  of  Bakersfield  to  be 
affixed  this  2nd  day  of  January,  1915. 

W.  V.  MATLACK, 

President  of  the  Board  of  Trustees 
of  the  City  of  Bakersfield. 
Attest:     A.  G.  Jones. 
Seal]  City  Clerk   of  the  City  of  Bakersfield. 

46 


And  Whereas,  The  said  charter  of  the  city  of  Bakers- 
field  so  ratified  is  now  submitted  to  the  legislature  of  the 
State  of  California,  for  approval  or  rejection  without 
power  of  alteration  or  amendment  in  accordance  with 
section  eight  of  article  eleven  of  the  constitution  of  the 
State  of  California.     Now,  therefore,  be  it 

Resolved  by  the  assembly  of  the  State  of  California, 
the  senate  theerof  concurring  (a  majority  of  all  members 
elected  to  each  house  voting  for  the  adoption  of  this  reso- 
lution and  concurring  therein).  That  the  said  charter  of 
the  said  city  of  Bakcrsfield  hereinbefore  set  forth  as  pre- 
sented and  submitted  to  and  adopted  and  ratified  by  the 
qualified  electors  of  the  said  city  of  Bakersfield  be,  and 
the  same  is,  hereby  appr-oved  as  a  whole  for  and  as  the 
charter  of  the  said  city  of  Bakersfield. 


47 


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LIBRARY 
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